THE GOVERNMENT THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No. 17/2023/ND-CP Hanoi, April 26, 2023

DECREE
Detailing a number of articles of, and providing measures to
implement, the Law on Intellectual Property regarding
copyright and related rights1

Pursuant to the June 19, 2015 Law on Organization of the Government; and
the November 22, 2019 Law Amending and Supplementing a Number of Articles
of the Law on Organization of the Government and the Law on Organization of
Local Administration;
Pursuant to the November 29, 2005 Law on Intellectual Property; the June
19, 2009 Law Amending and Supplementing a Number of Articles of the Law on
Intellectual Property; the June 14, 2019 Law Amending and Supplementing a
Number of Articles of the Law on Insurance Business and the Law on Intellectual
Property; and the June 16, 2022 Law Amending and Supplementing a Number of
Articles of the Law on Intellectual Property;
At the proposal of the Minister of Culture, Sports and Tourism;
The Government promulgates the Decree detailing a number of articles of,
and providing measures to implement, the Law on Intellectual Property regarding
copyright and related rights.

Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree details a number of articles of, and provides measures to
implement, the 2005 Law on Intellectual Property; the 2009 Law Amending and
Supplementing a Number of Articles of the Law on Intellectual Property; the 2019
Law Amending and Supplementing a Number of Articles of the Law on Insurance

1
Công Báo Nos 703-704 (17/5/2023)

 Vietnam Law & Legal Forum 1

Business and the Law on Intellectual Property; and the 2022 Law Amending and
Supplementing a Number of Articles of the Law on Intellectual Property (below
collectively referred to as the Law on Intellectual Property) regarding copyright
and related rights.
2. This Decree does not provide royalty levels and payment methods in case
the State acts as the representative of copyright holders and related rights holders
or as the representative in the management of copyright and related rights. Cases
subject to limitations on copyright and related rights must comply with Article 35
of this Decree.
Article 2. Subjects of application
This Decree applies to:
1. Authors, copyright holders, performers and related rights holders in
accordance with the Law on Intellectual Property.
2. Other organizations and individuals carrying out activities related to
copyright and related rights.
3. The competent state management agency in charge of copyright and
related rights.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Posthumous work means a work that is first published after its author’s
death.
2. Anonymous work means a work that is published with an unknown author
or with its author’s name (birth name or pseudonym) not yet identified.
3. Fixation means the expression in written languages, other characters, lines,
three-dimensional configurations, layouts, colors, sounds or images or the
reproduction of sounds or images in a certain material form through which a work
can be perceived, reproduced or otherwise communicated.
4. Original of a work means a version presented in any material form on
which the creation of such work has been first fixed.
5. Copy of a work means a version which is directly or indirectly reproduced
by any means or in any form from the whole or part of such work.
6. Phonogram or video recording means the fixation of sounds and/or images
of a performance or other sounds and/or images or the fixation of the reproduction
of not fixed sounds and/or images in association with a cinematographic work or

 Vietnam Law & Legal Forum 2

another work created by a similar method. A phonogram or video recording may
be a recording made for the purpose of disseminating news on radio or television
or in cyberspace; a recording of an art performance; or a recording of activities of
one or more than one person or description of events, circumstances or reality
shows.
7. Copy of a phonogram or video recording means a version which is directly
or indirectly reproduced by any means or in any form from the whole or part of a
phonogram or video recording.
8. Publication of a fixed work or performance or a phonogram or video
recording means the distribution of copies of such work, performance, phonogram
or video recording with the consent of the copyright holder or related rights holder
in any form and in a reasonable quantity enough for public access, depending on
the nature of such work, performance, phonogram or video recording. A fine-art
work or an architectural work will be regarded as having been published if it is
located at a public place with the consent of the copyright holder for public access
and reproduction.
The performance of a dramatic or musical work; showing of a
cinematographic work; public reading of a literary work; broadcasting of a literary
or artistic work; display of a fine-art work; or building of a construction work
based on an architectural work is not regarded as the publication of a work.
9. Work of a foreign organization or individual first published in Vietnam
means a work that is not yet published in any country prior to its publication in
Vietnam.
10. Work of a foreign organization or individual simultaneously published in
Vietnam means a work which is published in Vietnam within 30 days after it is
first published in any country.
11. Rebroadcasting means the transmission for rebroadcasting or relay of a
program by a broadcasting organization.
12. Encrypted program-carrying satellite signal means a program-carrying
satellite signal transmitted in which audio or visual features or both have been
altered or changed so as to prevent those who have no lawful decrypting divices
for satellite signals from illegally recording the program transmitted in such
signal.
13. Other material benefits means benefits which authors, copyright holders
and related rights holders are entitled to, in addition to royalties, such as prizes,
gift books, invitation tickets to performances or showing of cinematographic
works or displays or exhibitions of works.

 Vietnam Law & Legal Forum 3

 14. Element of infringement means an element created from an act of
infringing upon copyright or related rights.
15. Act under consideration means an act suspected of infringing upon
copyright or related rights and brought to examination in order to conclude
whether or not it has infringed upon copyright or related rights.
16. Subject matter under consideration means a subject suspected of
infringing upon copyright or related rights and brought to examination in order to
conclude whether or not it/he/she has infringed upon copyright or related rights.
Article 4. The State’s policies on copyright and related rights
1. Providing financial support for purchase of copyright for state agencies
and organizations that are tasked to popularize works, performances, phonograms,
video recordings and broadcasts of ideological, scientific, educational and artistic
values for public interests, thus contributing to socio-economic development.
2. Prioritizing investment in training and further training of civil servants and
public employees engaged in the management and enforcement of copyright and
related rights protection from central to local levels.
3. Prioritizing investment in and application of science and technology and
digital transformation to the state management of copyright and related rights
protection.
4. Stepping up communications to raise the public awareness about and sense
of compliance with the law on copyright and related rights; intensifying education
in knowledge about copyright and related rights at schools and other education
institutions suitable to each grade of education and level of training.
5. Mobilizing social resources for investment in and provision of financial
support for activities of promoting creativity in, and exploiting, transferring
technologies, and promoting the development of, cultural industries, building the
capacity of the copyright and related rights protection system to meet socio-
economic development and international integration requirements.
6. Providing incentives for organizations, individuals and enterprises to carry
out activities promoting the development of cultural industries eligible for
copyright and related rights protection; promoting the transformation of easy-to-
access formats for people with disabilities in accordance with law, thus facilitating
access to works by people with disabilities.
Article 5. Responsibilities for and contents of state management of copyright
and related rights

 Vietnam Law & Legal Forum 4

 1. The Government shall perform the unified state management of copyright
and related rights.
2. The Ministry of Culture, Sports and Tourism shall take responsibility to
the Government for performing the state management of copyright and related
rights, having the following tasks and powers:
a/ To formulate and promulgate according to its competence, or submit to
competent authorities for promulgation, and direct and organize the
implementation of, mechanisms, policies, legal documents, strategies, master
plans, plans, programs and schemes on copyright and related rights protection and
development of cultural industries eligible for copyright and related rights
protection;
b/ To assume the prime responsibility for, and coordinate with others in,
taking measures to protect lawful rights and interests of organizations, individuals,
the State and society in the field of copyright and related rights protection;
c/ To manage and exploit copyright to works, related rights to performances,
phonograms, video recordings and broadcasts with the State acting as the owner
representative or the management representative; to acquire copyright and related
rights of organizations and individuals to the State in accordance with law;
d/ To approve the use of anonymous works; published works, performances,
phonograms, video recordings and broadcasts of Vietnamese organizations and
individuals in case it is impossible to find or identify copyright holders or related
rights holders;
dd/ To guide the provision, cooperation, placement of orders, use and
guarantee of copyright to works and related rights to performances, phonograms,
video recordings or broadcasts;
e/ To approve the translation of foreign-language works into Vietnamese and
the reproduction of works for lecturing or research not for commercial purposes in
accordance with the Annexes to the Berne Convention for the Protection of
Literary and Artistic Works;
g/ To manage activities of organizations acting as collective representatives
of copyright and related rights and copyright and related rights consultancy and
service organizations;
h/ To approve royalty levels and payment methods formulated by
organizations acting as collective representatives of copyright and related rights;
i/ To grant, re-grant, renew or invalidate copyright registration certificates
and related rights registration certificates;

 Vietnam Law & Legal Forum 5

 k/ To compile and manage the National Register of copyright and related
rights; to certify copyright;
l/ To publish and distribute the Yearbook on registration of copyright and
related rights;
m/ To assume the prime responsibility for, and coordinate with related
ministries and sectors in, managing and directing the scientific research, training,
further training and development of human resources in professional qualifications
and skills on copyright and related rights; to make copyright and related rights-
related commendation;
n/ To direct, guide, urge and organize the education, public communication
and dissemination of knowledge, laws, mechanisms and policies on copyright and
related rights; to provide professional guidance on and further training in
copyright and related rights;
o/ To organize the making of statistics on copyright and related rights and
cultural industries eligible for copyright and related rights protection;
p/ To organize the activities of information and public communication about
copyright and related rights and cultural industries eligible for copyright and
related rights protection;
q/ To manage and organize the performance of copyright and related rights
assessment; to grant, re-grant or revoke copyright and related rights assessor cards
or copyright and related rights assessment organization certificates;
r/ To assume the prime responsibility for, and coordinate with related
competent state agencies in, inspecting, examining, settling complaints and
denunciations, and handling violations of the law on copyright and related rights;
s/ To carry out international cooperation on copyright and related rights; to
negotiate, conclude or accede to, and organize the implementation of, treaties on
copyright and related rights; to propose the resolution of disputes over copyright
and related rights between Vietnam and other countries;
t/ To perform other tasks assigned by the Government.
3. Ministries, ministerial-level agencies and government-attached agencies
shall, within the ambit of their respective tasks and powers, coordinate with the
Ministry of Culture, Sports and Tourism in performing the state management of
copyright and related rights.
4. People’s Committees of provinces and centrally run cities (below referred
to as provincial-level People’s Committees) shall perform the state management

 Vietnam Law & Legal Forum 6

of copyright and related rights in localities, having the following tasks and
powers:
a/ To formulate and promulgate according to their competence, and organize
the implementation of, mechanisms, policies, legal documents, strategies, master
plans, plans, programs and schemes on copyright and related rights protection in
localities;
b/ To direct, guide, urge, and organize the implementation of, the education
about, public communication and popularization of knowledge, laws, mechanisms
and policies on copyright and related rights in localities; to direct scientific
research into, provide professional guidance on, and organize professional training
and further training in, copyright and related rights in localities;
c/ To organize activities on copyright and related rights protection in
localities; to take measures to protect lawful rights and interests of the State,
organizations or individuals in relation to copyright and related rights; to organize
the development of cultural industries in localities under Article 4 of this Decree;
d/ To guide and support organizations and individuals in carrying out
procedures on copyright and related rights in localities;
dd/ To inspect, examine, and handle according to their competence
complaints, denunciations and violations of the law on copyright and related rights
in localities;
e/ To perform other tasks and exercise other powers in accordance with law.
5. The Copyright Office of Vietnam is the specialized agency of the Ministry
of Culture, Sports and Tourism which shall assist the Minister of Culture, Sports
and Tourism in performing the function of state management of copyright and
related rights.

Chapter II
COPYRIGHT AND RELATED RIGHTS
Section 1
COPYRIGHT
Article 6. Types of works eligible for copyright protection
1. Literary works, scientific works, textbooks, teaching courses and other
works presented in written languages or other characters as specified at Point a,
Clause 1, Article 14 of the Law on Intellectual Property:

 Vietnam Law & Legal Forum 7

 a/ Literary works, scientific works and other works presented in written
languages include novels, novellas, short stories; notes, chronicles, essays,
memoirs; poems, epics; scripts; cultural, literary, artistic and scientific research
works, and other articles;
b/ Textbook means a work that is published to concretize requirements of the
general education program and is approved and permitted by the Minister of
Education and Training for use as official teaching materials at general education
institutions;
c/ Teaching courses mean main teaching, learning or research materials that
have contents appropriate to training or further training programs and are
approved and selected by heads of higher education institutions or vocational
education institutions or approved by a competent state management agency in
accordance with law;
d/ Work presented in other characters means a work presented in Braille for
the blind, shorthand signs and other similar signs instead of written languages,
which can be understood and reproduced in different forms by interested parties.
2. Lectures, addresses and other sermons referred to at Point b, Clause 1,
Article 14 of the Law on Intellectual Property mean works presented in spoken
languages and required to be fixed in a certain material form.
3. Press works referred to at Point c, Clause 1, Article 14 of the Law on
Intellectual Property mean works with independent contents and completed
structure, which take the following forms: reportage, quick note, news report,
interview, feature, investigative story, commentary, editorial, treatise and memoir,
and other forms, which are published or broadcast on the print, audio, visual or
online media or other media.
4. Musical works referred to at Point d, Clause 1, Article 14 of the Law on
Intellectual Property mean works presented in the form of musical notes in
musical pieces or other musical characters, regardless of whether or not they are
performed.
5. Dramatic works referred to at Point dd, Clause 1, Article 14 of the Law on
Intellectual Property mean works of various performing arts, including traditional
operetta (cheo), classical drama (tuong), reformed opera (cai luong), dance,
puppetry, contemporary dance, ballet, play, opera, folk drama, physical theater,
musical play, circus, comedy and variety shows, and other genres of performing
arts.
6. Cinematographic works and works created by a method analogous to
cinematography referred to at Point e, Clause 1, Article 14 of the Law on

 Vietnam Law & Legal Forum 8

Intellectual Property mean works with contents and presented in successive
motion images or images created by technical or technological devices, with or
without sounds and other effects in adherence to the principles of the
cinematographic language. Static images taken from a cinematographic work
constitute part of such cinematographic work.
Cinematographic works exclude video recordings made for the purpose of
disseminating news on radio or television or in cyberspace; art performances and
video games; and video recordings of activities of one or more than one person or
description of events, circumstances or reality shows.
7. Fine-art works referred to at Point g, Clause 1, Article 14 of the Law on
Intellectual Property mean works presented by lines, colors, three-dimensional
configurations or layouts, including:
a/ Paintings: lacquer paintings, oil paintings, silk paintings, pigment
paintings, watercolor paintings, poonah-paper paintings, and paintings on other
materials;
b/ Graphic arts: carved-wood, carved-metal, carved-rubber and carved-
plaster paintings, monolith, lithography, screen printing, placards, graphic designs,
and graphic arts on other materials;
c/ Sculpture: statues, monuments, reliefs, monumental and symbol blocks;
d/ Installation art and other forms of presenting contemporary arts.
Works of paintings, sculpture, installation art and other forms of
contemporary arts are available in sole copies. A work of graphic arts may be
presented in as many as 50 copies which are ordinarily numbered and bear the
author’s signature.
8. Applied-art works referred to at Point g, Clause 1, Article 14 of the Law
on Intellectual Property mean works presented by lines, colors, three-dimensional
configurations or layouts with useful features, which can be associated with useful
objects and produced by hand or on an industrial scale, including graphic designs
(expression of logo, identity system and packaging of products; expression of
characters); fashion designs; fine-art designs associated with product designs; and
fine-art interior designs and interior and exterior decorations. Applied-art works
are presented in the form of fine-art product designs, cannot be easily created by
persons with average knowledge in the relevant field, and exclude exterior designs
which are compulsory for products to function properly.
9. Photographic works referred to at Point h, Clause 1, Article 14 of the Law
on Intellectual Property mean works showing images of the worldview on

 Vietnam Law & Legal Forum 9

photosensitive materials or other media in which images are created or can be
created by chemical, electronic or other technical methods. Photographic works
may be accompanied by captions or not.
10. Architectural works referred to at Point i, Clause 1, Article 14 of the Law
on Intellectual Property mean works of architectural type, including:
a/ Architectural design drawings of construction works or a complex of
construction works, interior and landscapes;
b/ Architectural works.
11. Sketches, plans, maps and drawings referred to at Point k, Clause 1,
Article 14 of the Law on Intellectual Property include sketches, plans, maps and
drawings related to topography, and various types of scientific and architectural
works.
12. Folk literature and art works referred to at Point l, Clause 1, Article 14
and Clause 1, Article 23 of the Law on Intellectual Property include:
a/ Folk literature and art works referred to at Point a, Clause 1, Article 23 of
the Law on Intellectual Property in different genres of the art of words;
b/ Folk literature and art works referred to at Points b and c, Clause 1, Article
23 of the Law on Intellectual Property in different genres of performing arts such
as traditional operetta (cheo), classical drama (tuong), reformed opera (cai luong),
puppetry, song, folk song, music melody; dance, folk dance, play, folk game, folk
festival, village festival, and other folk rituals.
Article 7. Derivative works
Derivative works specified in Clause 2, Article 14 of the Law on Intellectual
Property mean works created on the basis of one or more than one existing work,
including:
1. Translated works, that are works presented in languages other than
languages of original works.
2. Adapted works, that are works based on contents of original works and
may be changed from one genre to another or modified in the same genre,
including also modifications in the arrangement of the works that make the works
suitable to different conditions of the exploitation or use.
3. Compiled works, that are works compiled from part or the whole of
existing works by certain themes and possibly accompanied with commentaries or
evaluations.

 Vietnam Law & Legal Forum 10

 4. Annotated works, that are works created from the clarification of meanings
and contents of words, sentences or events, classic references and geographical
names referred to in the original works.
5. Selected works, that are works selected from the existing works of one or
more than one author by time or certain themes, including also anthologies and
selected works.
6. Modified works, that are works recompiled, rewritten, recomposed or
presented in forms different from those of original works for certain purposes or to
meet certain requirements in specific cases.
7. Transformed works, that are works transformed from one genre to another
or those presented by artistic techniques different from those of original works of
the same genre.
Article 8. Subject matters not covered by copyright protection
1. News of the day as mere items of press information referred to in Clause 1,
Article 15 of the Law on Intellectual Property mean daily news briefs, facts and
figures that are merely of news reporting nature and contain no creative elements.
2. Administrative documents referred to in Clause 2, Article 15 of the Law
on Intellectual Property include documents issued by state agencies, political
organizations, socio-political organizations, socio-political-professional
organizations, social organizations, socio-professional organizations, and people’s
armed forces units.
3. Processes, systems, operation methods, concepts, principles and data
specified in Clause 3, Article 15 of the Law on Intellectual Property are construed
as follows:
a/ Process means an order that is compulsory to perform a job;
b/ System means a set of elements or units of the same type or with the same
function which are correlated or closely interconnected in a uniform whole;
c/ Method means a way by which natural and social phenomena are studied
and viewed;
d/ Concept means thinking reflected in the abstract form of things and
phenomena of the reality and relations between them;
dd/ Principle means a basic rule or law of general nature that controls how a
series of phenomena happen, or an important initial idea or theory that serves as a
ground for developing other theories.
Article 9. Copyright to lectures, addresses and other sermons

 Vietnam Law & Legal Forum 11

 In case an author fixes by himself/herself his/her lectures, addresses and
other sermons in the form of phonogram or video recording, he/she is entitled to
copyright to such lectures, addresses and sermons and, at the same time, acts as
the holder of the rights to such phonogram or video recording under Point b,
Clause 1, Article 44 of the Law on Intellectual Property.
Article 10. Copyright to cinematographic works
1. Persons specified at Points a and b, Clause 1, Article 21 of the Law on
Intellectual Property may have their names attached to cinematographic works or
acknowledged when such cinematographic works are published or used.
Particularly, due to how a cinematographic work is used, it is not necessary to
acknowledge the names of all actors, actresses and persons performing other
creative jobs in the making of this work as specified at Point b, Clause 1, Article
21 of the Law on Intellectual Property.
2. In case of an agreement on titling or modification of a cinematographic
work as specified at Point d, Clause 1, Article 21 of the Law on Intellectual
Property, the screenwriter and director may not abuse their moral rights to obstruct
the titling and modification of such work to be suitable to conditions on creation,
exploitation and use of such work.
Authors of, and holders of copyright to, scripts and musical works used in
cinematographic works may only prohibit acts of distorting their scripts and
musical works or modifying or mutilating their scripts and musical works to the
detriment of their honor and reputation.
3. The right to lease original cinematographic works or copies thereof
specified at Point e, Clause 1, Article 20 of the Law on Intellectual Property is a
right exclusively exercised by copyright holders or granted by copyright holders to
other persons for exercise for the exploitation or use of such works or copies for a
definite term.
Article 11. Copyright to architectural works
1. Authors who are concurrently copyright holders are entitled to the moral
rights provided in Article 19 of the Law on Intellectual Property and the economic
rights provided in Article 20 of the Law on Intellectual Property.
2. Authors who are not concurrently copyright holders are entitled to the
moral rights provided in Clauses 1, 2 and 4, Article 19 of the Law on Intellectual
Property; copyright holders are entitled to the rights provided in Clause 3, Article
19, and Article 20, of the Law on Intellectual Property.

 Vietnam Law & Legal Forum 12

 3. Authors and organizations and individuals that invest finances and
physical- technical facilities to create architectural works may reach agreement on
modification of these works.
Article 12. Copyright to computer programs
1. Authors who are concurrently copyright holders are entitled to the moral
rights provided in Article 19 of the Law on Intellectual Property and the economic
rights provided in Article 20 of the Law on Intellectual Property.
2. Authors who are not concurrently copyright holders are entitled to the
moral rights provided in Clauses 1, 2 and 4, Article 19 of the Law on Intellectual
Property; copyright holders are entitled to the rights provided in Clause 3, Article
19, and Article 20, of the Law on Intellectual Property.
3. An organization or individual that has the lawful right to use a copy of a
computer program may correct errors on such copy in case of necessity.
4. The right to lease computer programs specified at Point e, Clause 1,
Article 20 of the Law on Intellectual Property is a right exclusively exercised by
copyright holders or granted by copyright holders to other persons for exercise for
the exploitation or use of such programs for a definite term.
5. The right to lease computer programs does not apply in case such
computer programs are not main subject matters for lease as specified at Point e,
Clause 1, Article 20 of the Law on Intellectual Property, such as computer
programs for normal operation of means of transport or other machines and
technical equipment.
Article 13. Copyright to folk literature and art works
1. Folk literature and art works referred to at Points a, b and c, Clause 1,
Article 23 of the Law on Intellectual Property shall be protected regardless of their
fixation.
2. The use of folk literature and art works referred to in Clause 2, Article 23
of the Law on Intellectual Property means the collection, research into,
performance and introduction of true values of such folk literature and art works.
3. Reference to sources of folk literature and art works referred to in Clause
2, Article 23 of the Law on Intellectual Property means the indication of the origin
and geographical areas inhabited by population communities where such folk
literature and art works are created.
Article 14. Moral rights

 Vietnam Law & Legal Forum 13

 1. The right of authors to title their works provided in Clause 1, Article 19 of
the Law on Intellectual Property does not apply to works translated from one
language into another. The titling of works must not violate Clause 2, Article 7 of
the Law on Intellectual Property and relevant laws.
2. The right of authors to have their real names or pseudonyms
acknowledged on their works provided in Clause 2, Article 19 of the Law on
Intellectual Property applies even when such works are used as derivative works.
When derivative works are published or used, it is required to acknowledge real
names or pseudonyms of authors of such works.
3. The right of authors to publish works or authorize other persons to publish
works provided in Clause 3, Article 19 of the Law on Intellectual Property means
the right of the author or copyright holder of a work or another individual or
organization authorized by the author or copyright holder to make such work
available to the public in any form and in a reasonable quantity of copies for
public access, depending on the nature of the work.
Article 15. The right to perform works to the public
The right of authors to perform their works to the public directly or indirectly
by using phonograms or video recordings or by whatever technical modes at
places accessible by the public even though the audience cannot freely choose the
time of performance and parts of works to be performed provided at Point b,
Clause 1, Article 20 of the Law on Intellectual Property is construed as follows:
1. For works presented in languages and works expressed in written
languages specified at Points a and b, Clause 1, Article 14 of the Law on
Intellectual Property, it is the right exclusively exercised by copyright holders or
authorized by copyright holders to other persons for exercise to present or display
such works for public access and auditory perception even though the audience
cannot freely choose the time of presentation or display and parts of works to be
presented or displayed, including also perception from outside the space where the
presentation or display is made via screens, loudspeakers or similar technical
devices.
2. For musical works specified at Point d, Clause 1, Article 14 of the Law on
Intellectual Property, it is the right exclusively exercised by copyright holders or
authorized by copyright holders to other persons for exercise to perform such
works for public access and auditory perception or perform such works on stage to
the public even though the audience cannot freely choose the time of performance
and parts of works to be performed, including also perception from outside the

 Vietnam Law & Legal Forum 14

space where the performance is made via screens, loudspeakers or similar
technical devices.
3. For cinematographic works specified at Point e, Clause 1, Article 14 of the
Law on Intellectual Property, it is the right exclusively exercised by copyright
holders or authorized by copyright holders to other persons for exercise to show
such works for public access and perception via technical media even though the
audience cannot freely choose the time of showing and parts of works to be
shown.
4. For fine-art works and photographic works specified at Points g and h,
Clause 1, Article 14 of the Law on Intellectual Property, it is the right exclusively
exercised by copyright holders or authorized by copyright holders to other persons
for exercise to exhibit, display or show such works to the public so that the latter
can view original works or copies thereof.
Article 16. Rights of co-authors and copyright co-holders
1. Co-authors who are concurrently copyright co-holders may reach
agreement on exercise of moral rights and economic rights to their works under
Clause 3, Article 12a of the Law on Intellectual Property.
2. In case co-authors are not concurrently copyright co-holders, co-authors
may reach agreement on exercise of moral rights while copyright co-holders may
reach agreement on exercise of economic rights to their works under Clause 3,
Article 45 and Clause 3, Article 47 of the Law on Intellectual Property.
3. Co-authors and copyright co-holders may not object to the permission for
exploitation and use of their works by normal methods and for common interests.
4. One of copyright co-holders may declare in writing the waiver of
its/his/her rights to a work specified in Clause 3, Article 19 and Clause 1, Article
20 of the Law on Intellectual Property and notify such to the other copyright co-
holders. The rights waived by the copyright co-holder shall be automatically
transferred to the other copyright co-holders.
Article 17. Term of copyright protection for posthumous works
The term of copyright protection for posthumous works must comply with
Article 27 of the Law on Intellectual Property.
Article 18. Copyright holders
Copyright holders defined in Article 36 of the Law on Intellectual Property
include:
1. Vietnamese organizations and individuals.

 Vietnam Law & Legal Forum 15

 2. Foreign organizations and individuals that have works created and
presented in certain material forms in Vietnam.
3. Foreign organizations and individuals that have works first published in
Vietnam.
4. Foreign organizations and individuals that have works protected in
Vietnam under treaties to which the Socialist Republic of Vietnam is a contracting
party.
Section 2
RELATED RIGHTS
Article 19. Rights of performers
1. The right to direct reproduction of performances which have been fixed on
phonograms or video recordings as provided at Point b, Clause 3, Article 29 of the
Law on Intellectual Property means the right of the rights holder of a performance
to exclusively make or authorize another person to make other copies from these
phonograms or video recordings.
2. The right to indirect reproduction of performances which have been fixed
on phonograms or video recordings as provided at Point b, Clause 3, Article 29 of
the Law on Intellectual Property means the right of the rights holder of a
performance to exclusively make or authorize another person to make other copies
from sources other than these phonograms and video recordings, such as copies
from broadcasts, electronic communication networks, telecommunications
networks, the Internet, and similar media.
3. The right to public communication of unfixed performances as provided at
Point c, Clause 3, Article 29 of the Law on Intellectual Property means the right of
the rights holder to exclusively distribute or authorize another person to distribute
an unfixed performance to the public by whatever technical mode other than
broadcasting.
Article 20. Use of broadcasts
1. Rights holders of broadcasts specified at Point c, Clause 1, Article 44 of
the Law on Intellectual Property mean broadcasting organizations that invest their
finances and physical-technical facilities in broadcasting activities, unless
otherwise agreed upon.
2. When using works, phonograms or video recordings for the production of
broadcasts, broadcasting organizations shall perform their obligations toward
copyright holders and related rights holders in accordance with law.

 Vietnam Law & Legal Forum 16

 3. Organizations and individuals that relay, rebroadcast or transmit via
cables, electronic communication networks, telecommunications networks, the
Internet or in any technical media the broadcasts of other broadcasting
organizations under Points a and b, Clause 1, Article 31 of the Law on Intellectual
Property shall comply with agreements and relevant regulations. Any
modification, mutilation or supplementation of broadcasts of other broadcasting
organizations for rebroadcasting or transmission via cables, electric
communication networks, telecommunications networks, the Internet or in any
technical media shall be agreed with the rights holders of such broadcasts.
Section 3
LICENSING OF COPYRIGHT AND RELATED RIGHTS, USE OF WORKS,
PERFORMANCES, PHONOGRAMS, VIDEO RECORDINGS AND
BROADCASTS IN A NUMBER OF SPECIFIC CASES
Article 21. Licensing of copyright and related rights
Licensing of copyright and related rights provided in Article 47 of the Law
on Intellectual Property covers the permission by copyright holders or related
rights holders for other organizations and individuals to exclusively or jointly use
one, several or all of the rights provided in Clauses 1 and 3, Article 19; Clause 1,
Article 20; Clause 3, Article 29; Clause 1, Article 30; and Clause 1, Article 31, of
the Law on Intellectual Property under the conditions on use duration, space and
scope.
Article 22. Use of works, performances, phonograms, video recordings and
broadcasts of which the State acts as the representative of copyright holders and
related rights holders
1. Organizations and individuals that use works, performances, phonograms,
video recordings and broadcasts of which the State acts as the representative of
copyright holders and related rights holders as specified in Clause 1, Article 42 of
the Law on Intellectual Property shall respect the moral rights provided in Clauses
1, 2 and 4, Article 19 and Clause 2, Article 29 of the Law on Intellectual Property,
and perform the following obligations regarding the economic rights:
a/ To ask for permission for use and pay royalty in the cases specified in
Clause 3, Article 19; Clause 1, Article 20; Clause 3, Article 29; Clause 1, Article
30; and Clause 1, Article 31, of the Law on Intellectual Property;
b/ To pay royalty without having to ask for permission for use in the cases
specified in Clause 1, Article 26 and Clause 1, Article 33 of the Law on
Intellectual Property;

 Vietnam Law & Legal Forum 17

 c/ Neither to ask for permission for use nor pay royalty in the cases specified
in Clause 3, Article 20; Clause 1, Article 25; Article 25a; Clause 5, Article 29;
Clause 3, Article 30; Clause 3, Article 31; and Clause 1, Article 32, of the Law on
Intellectual Property.
2. Organizations and individuals shall perform the obligations specified in
Clause 1 of this Article toward:
a/ Agencies that use state budget funds to place orders, assign tasks or
organize bidding for creation of works, performances, phonograms, video
recordings and broadcasts in the case specified at Point a, Clause 1, Article 42 of
the Law on Intellectual Property;
b/ The specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism in the cases specified
at Points b and c, Clause 1, Article 42 of the Law on Intellectual Property.
3. An organization or individual that asks for permission for use of a work,
performance, phonogram, video recording or broadcast of which the State acts as
the representative of the copyright holder and related rights holder in the case
specified at Point a, Clause 1 of this Article shall:
a/ Submit a dossier directly or by post to an agency specified in Clause 2 of
this Article;
b/ The dossier must comprise:
A declaration-cum-request for permission for use of a work, performance,
phonogram, video recording or broadcast of which the State acts as the
representative of the copyright holder or related rights holder (made according to
Form No. 01 provided in Appendix III to this Decree);
A use plan;
A copy of the document proving the payment of the charge for permission
for use of the work, performance, phonogram, video recording or broadcast of
which the State acts as the representative of the copyright holder or related rights
holder (in case the charge is paid by post or directly into the recipient’s bank
account);
A (notarized, authenticated or consularly legalized) power of attorney, in
case the dossier is submitted by an authorized party.
c/ Within 30 days after receiving a valid dossier, an agency specified in
Clause 2 of this Article shall send a notice of royalty payment enclosed with a
royalty estimate to the dossier submitter;

 Vietnam Law & Legal Forum 18

 d/ The organization or individual shall pay royalty according to the royalty
estimate within 5 working days (and receive a copy of the royalty receipt);
dd/ Within 5 working days after receiving royalty, the agency specified in
Clause 2 of this Article shall issue a written permission for use of the work,
performance, phonogram, video recording or broadcast of which the State acts as
the representative of the copyright holder or related rights holder;
e/ The organization or individual permitted to use the work, performance,
phonogram, video recording or broadcast shall submit to examination and
supervision by a competent state agency concerning the use of such work,
performance, phonogram, video recording or broadcast;
g/ Cases in which the dossier of request for permission for use of a work,
performance, phonogram, video recording or broadcast is rejected:
The dossier is not complete as required under Point b of this Clause;
The organization or individual fails to pay royalty according to the notice of
royalty payment though the time limit specified at Point d of this Clause has
expired.
4. The specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism shall acquire
copyright and related rights from the organizations and individuals specified at
Points b and c, Clause 1, Article 42 of the Law on Intellectual Property in
accordance with law.
5. Upon detecting acts of infringing upon copyright and related rights
specified in Clause 1 of this Article, state agencies, organizations and individuals
may request competent state agencies to handle such acts in accordance with law.
Article 23. Use of works, performances, phonograms, video recordings and
broadcasts of which the State acts as the copyright and related rights management
representative
1. Works, performances, phonograms, video recordings and broadcasts of
which the State acts as the copyright and related rights management representative
specified in Clause 2, Article 42 of the Law on Intellectual Property include:
a/ Works, performances, phonograms, video recordings and broadcasts for
which it is impossible to find or identify copyright holders, related rights holders,
copyright co-holders or related rights co-holders, which are those published
without any information about their authors, performers, copyright holders or
related rights holders or with information about their authors, performers,

 Vietnam Law & Legal Forum 19

copyright holders or related rights holders being Vietnamese organizations or
individuals that, however, are impossible to be found or contacted;
b/ Anonymous works, which are those published with unknown authors or
with their authors’ names (birth names or pseudonyms) not yet identified.
Authors, performers, copyright holders, related rights holders, copyright co-
holders and related rights co-holders specified at Points a and b of this Clause are
below collectively referred to as rights holders.
2. Organizations and individuals that wish to use works, performances,
phonograms, video recordings and broadcasts specified in Clause 1 of this Article
shall submit dossiers directly or by post to the specialized state management
agency in charge of copyright and related rights of the Ministry of Culture, Sports
and Tourism after exerting every effort to search or contact the rights holders but
all in vain.
3. A dossier of request for permission for use of a work, performance,
phonogram, video recording or broadcast of which the State acts as the copyright
and related rights management representative must comprise:
a/ A declaration-cum-request for permission for use of the work,
performance, phonogram, video recording or broadcast of which the State acts as
the copyright and related rights management representative (made according to
Form No. 02 provided in Appendix III to this Decree);
b/ A use plan;
c/ Documents proving efforts exerted to search or contact the rights holder
under Clause 2 of this Article, including:
A document proving the search for information about the rights holder from
the Yearbook on registration of copyright and related rights on the website on
copyright and related rights;
A notice of search for the rights holder sent to the organization acting as the
collective representative of copyright and related rights in the same field with the
work, performance, phonogram, video recording or broadcast requested to be
used, and after 30 days from the date such notice is sent but no reply is received or
the received reply gives no information about the rights holder.
In case there is no organization acting as the collective representative of
copyright and related rights in the same field with the work, performance,
phonogram, video recording or broadcast requested to be used, such notice shall
be sent to at least 2 organizations and individuals having used or currently using
such work, performance, phonogram, video recording or broadcast (if any);

 Vietnam Law & Legal Forum 20

 A document proving the use of equipment for searching information about
the rights holder on the telecommunications network and the Internet.
d/ A copy of the document proving the payment of the charge for permission
for use of the work, performance, phonogram, video recording or broadcast of
which the State acts as the copyright and related rights management representative
(in case the charge is paid by post or directly into the recipient’s bank account);
dd/ A (notarized, authenticated or consularly legalized) power of attorney, in
case the dossier is submitted by an authorized party.
4. After 20 days from the date of receiving a valid dossier, the agency
specified in Clause 2 of this Article shall:
a/ Publicly post contents of the request for use of the work, performance,
phonogram, video recording or broadcast on the website on copyright and related
rights for continued notification of the search for, and receipt of, information
about the rights holder;
b/ In case the rights holder or the authorized party (if any) objects to the
request contents, it/he/she shall send a written objection enclosed with documents
and evidences proving that it/he/she is the rights holder to the agency specified in
Clause 2 of this Article. Such documents and evidences include:
Evidences proving that it/he/she is the rights holder as specified in Clauses 1
and 2, Article 77 of this Decree;
The original or a notarized, authenticated or consularly legalized copy of the
contract on copyright or related rights creation, transfer, donation, purchase and
sale, contribution as capital or licensing; or the document on task assignment,
inheritance or takeover or a similar document in case the rights holder is the
copyright or related rights licensee, heir or taking-over party as specified by law;
A (notarized, authenticated or consularly legalized) power of attorney, in
case the objecting party is an authorized party.
c/ Within 30 days after the request contents are publicly posted under Point a
of this Clause, if the rights holder or its/his/her authorized party (if any) sends no
written objection, it/he/she shall be regarded as having waived the right to
objection.
5. Upon the expiration of the time limit specified at Point c, Clause 4 of this
Article, the agency specified in Clause 2 of this Article shall examine the dossier
and notify dossier processing results in the following cases:

 Vietnam Law & Legal Forum 21

 a/ Within 30 days after receiving a written objection and when it is
impossible to identify the rights holder in accordance with regulations on
assumption of copyright and related rights and other relevant regulations, such
agency shall notify dossier processing results in writing to the rights holder and
the dossier submitter for the latter to directly reach an agreement on use of the
work, performance, phonogram, video recording or broadcast in accordance with
law;
b/ If receiving no written objection or having received such objection but it is
impossible to identify the rights holder in accordance with regulations on
assumption of copyright and related rights and other relevant regulations and the
dossier does not fall into the case of dossier rejection specified at Point a or c,
Clause 7 of this Article, within 30 days, such agency shall send a notice of royalty
payment enclosed with a royalty estimate to the dossier submitter.
The organization or individual shall pay royalty according to the royalty
estimate within 5 working days after receiving the notice of royalty payment (and
receive a copy of the royalty receipt);
c/ Within 5 working days after receiving royalty under Point b of this Clause,
the agency specified in Clause 2 of this Article shall issue a written permission for
use of the work, performance, phonogram, video recording or broadcast of which
the State acts as the copyright and related rights management representative and
concurrently publicly notify it on the website on copyright and related rights.
The permitted use must be definite-term use and may be considered for
extension when the dossier submitter submits a written request therefor.
6. Organizations and individuals whose dossiers are approved shall pay
royalty and submit to examination and supervision by competent state agencies
regarding the use of works, performances, phonograms, video recordings and
broadcasts according to such dossiers.
7. Cases in which a dossier of request for permission for use of a work,
performance, phonogram, video recording or broadcast is rejected:
a/ The dossier is not complete as required under Clause 3 of this Article;
b/ It is possible to identify the rights holder under Point b, Clause 4 of this
Article;
c/ The rights holder, before becoming unfindable or uncontactable, declares
non-permission for use of its/his/her work, performance, phonogram, video
recording or broadcast;

 Vietnam Law & Legal Forum 22

 d/ The time limit specified at Point b, Clause 5 of this Article has expired but
the dossier submitter still fails to pay royalty according to the notice of royalty
payment.
8. Responsibility for royalty management:
a/ The agency specified in Clause 2 of this Article shall collect royalties
under Point b, Clause 5 of this Article and open a bank account for royalty
payment for all rights holders that are impossible to be found or contacted;
b/ In case it is possible to find or contact holders of rights to works,
performances, phonograms, video recordings and broadcasts permitted for use in
accordance with law, the agency specified in Clause 2 of this Article shall request
the use thereof to be stopped and transfer the collected royalties to such rights
holders after subtracting management and search expenses in accordance with
law;
c/ If it is still impossible to find or contact rights holders within 5 years after
the search information is publicly notified on the website on copyright and related
rights, the collected royalties shall be used for creativity promotion, public
communication about and intensification of enforcement of copyright and related
rights protection in accordance with law after subtracting management and search
expenses in accordance with law.
9. Upon detecting acts of infringing upon copyright and related rights
specified in this Article, state agencies, organizations and individuals may request
competent state agencies to handle such acts in accordance with law.
Article 24. Use of works, performances, phonograms, video recordings and
broadcasts belonging to the public
1. Organizations and individuals that use works, performances, phonograms,
video recordings and broadcasts belonging to the public as specified in Article 43
of the Law on Intellectual Property shall respect the moral rights specified in
Clauses 1, 2 and 4, Article 19 and Clause 2, Article 29 of the Law on Intellectual
Property.
2. Upon detecting acts of infringing upon the moral rights specified in
Clauses 1, 2 and 4, Article 19 and Clause 2, Article 29 of the Law on Intellectual
Property to works, performances, phonograms, video recordings and broadcasts
with expired protection term, state agencies, organizations and individuals with
related rights and obligations may request infringers to terminate their infringing
acts and make public apologies and corrections; may file complaints or
denunciations and request competent state agencies to handle such acts in
accordance with law.

 Vietnam Law & Legal Forum 23

 3. Political organizations, socio-political organizations, socio-political-
professional organizations, social organizations, socio-professional organizations,
and organizations acting as collective representatives of copyright and related
rights may request competent state agencies to protect the moral rights to their
members’ works, performances, phonograms, video recordings and broadcasts
with expired protection term.

Chapter III
COPYRIGHT AND RELATED RIGHTS LIMITATIONS AND EXCEPTIONS
Section 1
EXCEPTION CASES IN WHICH COPYRIGHT IS NOT REGARDED AS
INFRINGED UPON, EXCEPTION CASES IN WHICH RELATED RIGHTS
ARE NOT REGARDED AS INFRINGED UPON
Article 25. Reasonable reproduction of part of works by reproduction
devices
1. Reasonable reproduction of part of works by reproduction devices for
personal scientific research or learning and not for commercial purposes under
Points b and e, Clause 1, Article 25 of the Law on Intellectual Property means an
act of reasonably reproducing no more than one copy of part of a work.
2. Reproduction devices specified at Points a, b and e, Clause 1, Article 25 of
the Law on Intellectual Property are those having the reproduction function with
all or some of their related components automated on the basis of service charge
payment or non-payment by any persons not belonging to organizations that own,
possess or commercially operate such devices.
3. For works presented in written languages, act of reasonable reproduction
of a work specified in Clause 1 of this Article means an act of reproduction by the
photocopying or photographing method or a similar method of no more than 10%
of total pages or total bytes or total words of the printed work or length of contents
of the printed work, for works provided in the form of pageless e-printed works.
Acts of reasonable reproduction by reproduction devices specified in this
Clause must be those independent from every organization or individual carrying
out the reproduction and any repetition is a separate reproduction of the same
work.
4. Organizations and individuals that wish to reproduce part of works
presented in written languages at a percentage higher than that specified in Clause

 Vietnam Law & Legal Forum 24

3 of this Article shall obtain permission of copyright holders and pay royalty and
other material benefits (if any) to the copyright holders of such works.
Article 25. Reasonable use of works
1. The reasonable use of works for the illustration purpose in lectures or
unfixed performances for the teaching purpose specified at Point c, Clause 1,
Article 25 of the Law on Intellectual Property must satisfy the following
conditions:
a/ The use of works for the illustration purpose in lectures or unfixed
performances must be only within classes of education institutions and ensure that
only students and teachers/lecturers in these classes can access such works.
In case of use of works in examination questions and answers for testing
knowledge and skills in the national education system, such works may be used
according to the level of necessity.
b/ The use of works does not cause unreasonable prejudice to lawful interests
of authors or copyright holders.
2. The reasonable use of works for the illustration purpose in publications,
fixed performances, phonograms, video recordings and broadcasts for the
lecturing purpose specified at Point c, Clause 1, Article 25 of the Law on
Intellectual Property must be within education institutions and subject to
conditions similar to those specified in Article 28 of this Decree.
Article 27. Use of works in official-duty activities of state agencies
The use of works in official-duty activities of state agencies specified at
Point d, Clause 1, Article 25 of the Law on Intellectual Property means
reproduction, adaptation, exhibition or display of such works by cadres and civil
servants for the performance of official-duty activities of such state agencies in
accordance with the Law on Cadres and Civil Servants.
Article 28. Reasonable recitation of works
The reasonable recitation of works specified at Point dd, Clause 1, Article 25
of the Law on Intellectual Property must fully satisfy the following conditions:
1. Recited parts of works are used only for the purpose of introducing,
commenting on or clarifying matters dwelt upon in the works.
2. Recited parts of works do not cause an unreasonable prejudice to lawful
interests of authors or copyright holders of the works and are appropriate to the
nature and characteristics of types of the works used for recitation.

 Vietnam Law & Legal Forum 25

 3. The recitation is accompanied by indications to origin of works and names
of authors, in case the authors’ names are acknowledged in the works used for
recitation.
Article 29. Use of works in library activities not for commercial purposes
1. Reproduction of a work archived in a library specified at Point e, Clause 1,
Article 25 of the Law on Intellectual Property means making of no more than 3
copies of such work for preservation on the condition that these copies must be
marked as archival copies for limited access in accordance with the library and
archive laws.
2. The reasonable reproduction of part of works by reproduction devices for
use by other persons for the research or learning purpose as specified at Point e,
Clause 1, Article 25 of the Law on Intellectual Property must comply with Article
25 of this Decree and include information on copyright shown on reproduced
copies in accordance with law or include clear notes that the works are eligible for
copyright protection in case no copyright information is found on reproduced
copies.
3. The reproduction or transmission of preserved works for inter-library loan
via the computer network as specified at Point e, Clause 1, Article 25 of the Law
on Intellectual Property requires the application of measures to prevent acts of
infringing upon copyright and must ensure that copies of such works are not made
available to the public in digital form outside the premises of libraries lawfully
using such copies.
4. The reproduction devices installed within the premises of libraries must
bear notes that making of copies must comply with the copyright law.
Article 30. Exception cases in which people with disabilities are not treated
as copyright infringers
1. People with disabilities specified at Point m, Clause 1, Article 25, and
Article 25a, of the Law on Intellectual Property include:
a/ Visually impaired people;
b/ People with print disability and people with other disabilities that render
them unable to access and read works by normal methods are construed as those
currently suffering unrestorable reduction or loss of the ability to perceive or read
that renders them unable to read printed works like normal people or those who
are currently unable to hold or make physical moves on books or similar printed
works or to move their eyes to read at a normal level.

 Vietnam Law & Legal Forum 26

 2. Copies in easy-to-access formats specified in Article 25a of the Law on
Intellectual Property are copies of works presented in Braille or phonograms or
digitally transcribed into speeches or sign languages or in any other formats or
presented by whatever methods to ensure convenient access to works by people
with disabilities.
3. Organizations that satisfy the Government-specified conditions in Clauses
2, 3, 4 and 5, Article 25a of the Law on Intellectual Property are not-for-profit
organizations and state agencies engaged in activities or having the function or
task of providing services to people with disabilities in the fields of education,
training, information access and adaptive reading by appropriate methods,
including:
a/ Funds in support of people with disabilities specified in the Law on People
with Disabilities;
b/ Inclusive education development support centers specified in the Law on
People with Disabilities;
c/ Establishments caring for people with disabilities, including
establishments providing services in support of people with disabilities, centers
supporting people with disabilities living on their own, and other establishments
caring for people with disabilities specified in the Law on People with
Disabilities;
d/ Organizations of people with disabilities and organizations for people with
disabilities specified in the Law on People with Disabilities;
dd/ Schools for people with disabilities specified in the Law on Education;
e/ Libraries serving people with disabilities specified in the Law on Libraries;
g/ Other organizations that satisfy the above conditions and are approved by
competent state agencies.
4. Approval of organizations under Point g, Clause 3 of this Article:
a/ Organizations other than those specified at Points a, b, c, d, dd and e,
Clause 3 of this Article that wish to reproduce, distribute, perform or make
available works in easy-to-access copy formats under Clauses 2, 3, 4 and 5,
Article 25a of the Law on Intellectual Property shall submit their dossiers,
enclosed with relevant documents, to the specialized state management agency in
charge of copyright and related rights of the Ministry of Culture, Sports and
Tourism.

 Vietnam Law & Legal Forum 27

 After 30 days from the date of receiving a valid dossier from an organization,
the specialized state management agency in charge of copyright and related rights
of the Ministry of Culture, Sports and Tourism shall issue a decision to approve or
refuse to approve such organization’s application of the exception case in which
copyright is not regarded as infringed upon for people with disabilities.
b/ Mode of implementation: Dossiers shall be submitted directly or by post to
the specialized state management agency in charge of copyright and related rights
of the Ministry of Culture, Sports and Tourism;
c/ A dossier must comprise:
A declaration-cum-request for approval of an exception case in which
copyright is not regarded as infringed upon for people with disabilities (made
according to Form No. 03 provided in Appendix III to this Decree).
A use plan;
A certified copy of the business registration certificate or operation
registration certificate or establishment decision of the organization and other
documents proving the organization’s satisfaction of the conditions specified in
Clause 3 of this Article;
d/ The organization approved to apply the exception case in which copyright
is not regarded as infringed upon for people with disabilities may not transfer the
approved right to other organizations or individuals.
5. Organizations specified in Clauses 3 and 4 of this Article have the
following obligations:
a/ To ensure that their copies in easy-to-access formats satisfy the conditions
specified in Clause 1, Article 25a of the Law on Intellectual Property;
b/ To notify the specialized state management agency in charge of copyright
and related rights of the Ministry of Culture, Sports and Tourism of lists of their
copies of works in easy-to-access formats and publicly notify such lists on their
websites, if any;
c/ To respect the right to privacy of people with disabilities on the basis of
ensuring equality with other people;
d/ To send annual reports to the specialized state management agency in
charge of copyright and related rights of the Ministry of Culture, Sports and
Tourism on performance of the activities under Article 25a of the Law on
Intellectual Property; to submit to inspection and examination by competent state
agencies.

 Vietnam Law & Legal Forum 28

 6. The organizations specified in treaties to which the Socialist Republic of
Vietnam is a contracting party mentioned in Clauses 3 and 5, Article 25a of the
Law on Intellectual Property are organizations permitted by contracting parties to
such treaties.
Article 31. Reasonable reproduction of part of performances, phonograms,
video recordings and broadcasts
The reasonable reproduction of part of performances, phonograms, video
recordings and broadcasts for direct teaching by individuals and not for
commercial purposes specified at Point c, Clause 1, Article 32 of the Law on
Intellectual Property must satisfy the following conditions:
1. The reproduction is carried out only within classes of education
institutions and ensures that only students and teachers/lecturers in these classes
can access reproduced parts of performances, phonograms, video recordings and
broadcasts.
In case reproduced parts are used in examination questions and answers for
testing knowledge and skills in the national education system, they may be used
according to the level of necessity.
2. The reproduction does not cause unreasonable prejudice to lawful interests
of related rights holders.
3. These provisions are not applicable to performances, phonograms, video
recordings and broadcasts already published for the teaching purpose.
Article 32. Reasonable recitation of performances, phonograms, video
recordings and broadcasts
1. Reasonable recitation for the information provision purpose as specified at
Point d, Clause 1, Article 32 of the Law on Intellectual Property means the use of
recited parts of works for the news reporting purpose only.
2. The reasonable recitation of works specified in Clause 1 of this Article
must fully satisfy the following conditions:
a/ Recited parts are used only for the purpose of introducing, commenting on
or clarifying matters in the provision of information.
b/ Recited parts of performances, phonograms, video recordings and
broadcasts do not cause an unreasonable prejudice to lawful interests of
performers or holders of related rights to performances, phonograms, video
recordings and broadcasts used for recitation and are appropriate to the nature and

 Vietnam Law & Legal Forum 29

characteristics of performances, phonograms, video recordings and broadcasts
used for recitation.
Article 33. Temporary copies
Temporary copies specified at Point dd, Clause 1, Article 32 of the Law on
Intellectual Property are versions fixed for a definite term by broadcasting
organizations with their devices and equipment to serve immediately subsequent
broadcasts of their own. In special cases, such copies shall be archived at official
archive centers.
Section 2
LIMITATIONS ON COPYRIGHTS OR LIMITATIONS ON RELATED
RIGHTS
Article 34. Use of works, phonograms and video recordings in case of
limitations on copyright or limitations on related rights
1. Use of works permitted by copyright holders to be fixed on phonograms
and video recordings published for commercial purposes in business and
commercial activities specified at Point b, Clause 1, Article 26 of the Law on
Intellectual Property, or on phonograms and video recordings published for
commercial purposes in business and commercial activities specified at Point b,
Clause 1, Article 33 of the Law on Intellectual Property, means use of works,
phonograms and video recordings published for commercial purposes by
organizations and individuals at restaurants, cafes, hotels, stores, supermarkets;
entertainment and recreation centers, trade centers; gyms, health and beauty care
centers; karaoke parlors; bars and dance halls; or in aviation, mass transit and
other business and commercial activities of similar nature.
2. Organizations and individuals that use works, phonograms and video
recordings under Clause 1, Article 26 and Clause 1, Article 33 of the Law on
Intellectual Property shall directly contact copyright holders, performers and
related rights holders of such phonograms and video recordings or organizations
acting as collective representatives of copyright and related rights for exploitation,
use, provision of lists and time volumes of used works, phonograms and video
recordings, and pay royalty in accordance with law.
In case it is impossible to find or contact copyright holders, performers and
related rights holders of phonograms or video recordings, organizations and
individuals that use works, phonograms and video recordings shall perform
obligations toward competent state agencies under Clause 6, Article 23 of this
Decree, and such competent state agencies shall proceed with search and
management activities under Clause 8, Article 23 of this Decree.

 Vietnam Law & Legal Forum 30

 3. Royalty division percentages in case phonograms and video recordings are
used under Clause 1, Article 26 and Clause 1, Article 33 of the Law on Intellectual
Property must comply with agreements of copyright holders, performers and
related rights holders of such phonograms and video recordings. In case no such
agreement is reached, the royalty division percentages are as follows: 50% for the
copyright holder, 25% for the performer and 25% for the related rights holder.
Article 35. Payment of royalty in case of limitations on copyright or
limitations on related rights
1. Organizations and individuals that wish to use works, phonograms and
video recordings published for commercial purposes in order to make their
broadcasts which are sponsored, advertised or charged in whatever form under
Point a, Clause 1, Article 26 or Point a, Clause 1, Article 33 of the Law on
Intellectual Property are not required to ask for permission but shall pay royalty to
copyright holders, performers and related rights holders for such phonograms and
video recordings under agreements as soon as they commence the use. In case no
such agreement is reached, they shall pay royalty at the rates specified in
Appendix I to this Decree or initiate lawsuits at court in accordance with law.
2. Organizations and individuals that wish to use works, phonograms and
video recordings published for commercial purposes in order to make their
broadcasts which are neither sponsored, advertised nor charged in whatever form
under Point a, Clause 1, Article 26 or Point a, Clause 1, Article 33 of the Law on
Intellectual Property are not required to ask for permission but shall pay royalty to
copyright holders, performers and related rights holders for such phonograms and
video recordings at the rates specified in Appendix I to this Decree.
3. Broadcasting organizations that wish to use works, phonograms and video
recordings under Clauses 1 and 2 of this Article shall take one calendar year as the
period of account-finalization of royalty payment. If such broadcasting
organizations fail to pay royalty under Clauses 1 and 2 of this Article after 90 days
from the end of a fiscal year, they shall stop the use of such works, phonograms
and
video recordings.
This Clause does not apply to cases in which the parties otherwise agree.
4. Organizations and individuals that wish to use phonograms and video
recordings published for commercial purposes in their business and commercial
activities under Point b, Clause 1, Article 26 or Point b, Clause 1, Article 33 of the
Law on Intellectual Property and Clause 1, Article 34 of this Decree are not
required to ask for permission but shall pay royalty to copyright holders,

 Vietnam Law & Legal Forum 31

performers and related rights holders for such phonograms and video recordings
under agreements as soon as they commence the use. In case no such agreement is
reached, they shall pay royalty at the rates specified in Appendix II to this Decree
or initiate lawsuits at court in accordance with law. In case they fail to pay royalty
within 90 days after commencing the use, they shall stop the use.
Article 36. Exploitation and use of the right to translate works from foreign
languages into Vietnamese for teaching or research activities not for commercial
purposes
1. A Vietnamese organization or individual that wishes to translate into
Vietnamese a foreign-language work lawfully distributed or made available to the
public for teaching or research activities not for commercial purposes shall submit
directly to the specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism a dossier, which must
comprise a declaration-cum-request for permission for translation of the foreign-
language work into Vietnamese for teaching or research activities not for
commercial purposes, enclosed with evidences that the dossier submitter had
previously requested permission of the copyright holder for translation of the
foreign-language work into Vietnamese but such request was rejected or it
remains impossible to reach an agreement or find the copyright holder in spite of
having taken every measure, and must satisfy one of the following conditions:
a/ The copyright holder had neither translated nor permitted any organization
or individual to translate the foreign-language work into Vietnamese for being
published within 3 years from the first publication of the work;
b/ The copyright holder had published the Vietnamese translation of the
foreign-language work but no publication exists on the market after 3 years from
the date the translation is last published.
2. Procedures for, and form of, implementation:
a/ An organization or individual that wishes to translate a foreign-language
work into Vietnamese shall submit a dossier directly or by post to the specialized
state management agency in charge of copyright and related rights to the Ministry
of Culture, Sports and Tourism;
b/ After 20 days from the date of receiving a valid dossier, the agency
mentioned at Point a of this Clause shall send a notice to the copyright holder and
publish it on the website on copyright and related rights, stating that the
organization or individual asks for permission for translation of the foreign-
language work into Vietnamese for teaching or research activities not for
commercial purposes;

 Vietnam Law & Legal Forum 32

 c/ After at least 6 months from the date of publishing the notice mentioned at
Point b of this Clause, the agency mentioned at Point a of this Clause shall send a
notice of royalty payment enclosed with a royalty estimate to the dossier
submitter;
d/ Within 5 working days after receiving the notice of royalty payment, the
organization or individual shall pay royalty according to the royalty estimate (and
receive a copy of the royalty receipt);
dd/ Within 5 working days after receiving royalty, the agency mentioned at
Point a of this Clause shall issue a written permission for translation of the
foreign-language work into Vietnamese for teaching or research activities not for
commercial purposes;
e/ The agency mentioned at Point a of this Clause shall transfer the received
royalty amount to the copyright holder in accordance with the law on foreign
exchange management and relevant laws. In case the copyright holder cannot be
found, Clause 8, Article 23 of this Decree shall apply.
3. A dossier must comprise:
a/ A declaration-cum-request for permission for translation of a foreign-
language work into Vietnamese for teaching or research activities not for
commercial purposes (made according to Form No. 04 provided in Appendix III
to this Decree);
b/ A use plan;
c/ Documents proving that the dossier submitter had previously requested
permission of the copyright holder for translation of the foreign-language work
into Vietnamese but such request was rejected or it remains impossible to reach an
agreement or find the copyright holder in spite of having exerted every effort;
d/ Documents proving the dossier submitter’s satisfaction of the conditions
specified at Point a or b, Clause 1 of this Article;
dd/ A copy of the receipt of payment of the charge for permission for
translation of the foreign-language work into Vietnamese for teaching or research
activities not for commercial purposes (in case the charge is paid by post or
directly into the recipient’s bank account);
e/ A (notarized, authenticated or consularly legalized) power of attorney, in
case the dossier is submitted by an authorized party.

 Vietnam Law & Legal Forum 33

 4. The organizations and individuals permitted to make translations may only
make and publish the translations and may not transfer such translations to other
organizations and individuals.
The agency specified at Point a, Clause 2 of this Article may not permit any
other organization or individual to translate into Vietnamese a work the translation
of which has been permitted as mentioned above in case the period stated in the
permission for translation has not yet expired or has expired for no more than 6
months.
5. In case the copyright holder has published a Vietnamese translation with
contents identical to contents of a printed document being the subject matter of the
permission for translation as specified in this Article and distributed such printed
document at an appropriate price in Vietnam, the agency specified at Point a,
Clause 2 of this Article shall issue a decision to revoke such permission. Copies of
the printed document that are made or published before the revocation decision is
issued may be fully distributed.
6. The organizations and individuals permitted to make translations may not
export copies of printed documents of the translations or publications in
Vietnamese, except the following cases:
a/ Overseas recipients are Vietnamese citizens;
b/ The documents are printed for the teaching or research purpose;
c/ The distribution of printed documents is not for commercial purposes;
d/ The countries where printed documents are to be distributed permit
Vietnam to distribute, or distribute, such printed documents to or in such
countries.
Article 37. Exploitation and use of the right to reproduce works for teaching
or research activities not for commercial purposes
1. A Vietnamese organization or individual that wishes to reproduce a work
lawfully distributed or made available to the public for teaching or research
activities not for commercial purposes shall submit directly to the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism a dossier which must comprise a declaration-cum-
request for permission for reproduction of the work for teaching or research
activities not for commercial purposes, enclosed with evidences that the dossier
submitter had previously requested permission of the copyright holder for
reproduction of the work but such request was rejected or it remains impossible to
reach an agreement, and must satisfy the following conditions:

 Vietnam Law & Legal Forum 34

 a/ The copyright holder has not distributed the work to the public in Vietnam
for 5 years from the first publication of the work, or has not distributed the work
to the public in Vietnam for 3 years, for natural science, physics, mathematical or
technological works, or has not distributed the work to the public in Vietnam for 7
years, for novels and poetic, dramatic, musical or artistic works;
b/ The copyright holder has distributed copies of the work but no publication
of the work exists on the market after the expiration of the time limit specified at
Point a of this Clause.
2. The application of Clause 1 of this Article must satisfy the following
conditions:
a/ The dossier submitter can prove that it/he/she had previously requested
permission of the copyright holder for reproduction and publication of the work
but such request was rejected, or that it/he/she has taken every measure but
remains impossible to find the copyright holder;
b/ When the dossier submitter is unable to find the copyright holder, it/he/she
had sent by post a copy of its/his/her request for power of attorney to the
publishing house shown on the work no less than 3 months before the date of
dossier submission;
c/ The dossier submitter is fully capable of making and publishing a
duplicate of the work and has adequate technical means to pay royalty to the
copyright holder;
d/ The name of the author and the title of a specific publication of the work
requested to be reproduced are printed on all reproduction copies;
dd/ The author has not yet been retracted from copies of the work in
circulation.
3. Procedures for, and form of, implementation:
a/ A Vietnamese organization or individual that wishes to reproduce a work
lawfully distributed or made available to the public for teaching or research
activities not for commercial purposes shall submit a dossier directly or by post to
the specialized state management agency in charge of copyright and related rights
of the Ministry of Culture, Sports and Tourism;
b/ After 20 days from the date of receiving a valid dossier, the agency
mentioned at Point a of this Clause shall send a notice to the copyright holder and
publish it on the website on copyright and related rights, stating that the
organization or individual requests permission for reproduction of the work

 Vietnam Law & Legal Forum 35

lawfully distributed or made available to the public for teaching or research
activities not for commercial purposes;
c/ After at least 6 months, for dossiers of request for permission for
reproduction of natural science, physics, mathematical or technological works, or
at least 3 months, for dossiers of request for permission for reproduction of other
works, from the date of publishing a notice mentioned at Point b of this Clause,
the agency mentioned at Point a of this Clause shall send a notice of royalty
payment enclosed with a royalty estimate to the dossier submitter;
d/ Within 5 working days after receiving the notice of royalty payment, the
organization or individual shall pay royalty according to the royalty estimate (and
receive a copy of the royalty receipt);
dd/ Within 5 working days after receiving royalty, the agency mentioned at
Point a of this Clause shall issue a written permission for reproduction of the work
for teaching or research activities not for commercial purposes;
e/ The agency mentioned at Point a of this Clause shall transfer the received
royalty amount to the copyright holder in accordance with the law on foreign
exchange management and relevant regulations. In case the copyright holder
cannot be found, Clause 8, Article 23 of this Decree shall apply.
4. A dossier must comprise:
a/ A declaration-cum-request for permission for reproduction of a work for
teaching or research activities not for commercial purposes (made according to
Form No. 05 provided in Appendix III to this Decree);
b/ A use plan;
c/ Documents proving that the dossier submitter has requested permission of
the copyright holder for reproduction of the work but such request was rejected or
it remains unable to reach an agreement or find the copyright holder in spite of
having exerted every effort;
d/ Documents proving the dossier submitter’s satisfaction of the conditions
specified at Points a and b, Clause 1 of this Article;
dd/ A copy of the receipt of payment of the charge for permission for
reproduction of the work for teaching or research activities not for commercial
purposes (in case the charge is paid by post or directly into the recipient’s bank
account);
e/ A (notarized, authenticated or consularly legalized) power of attorney, in
case the dossier is submitted by an authorized party.

 Vietnam Law & Legal Forum 36

 5. The organizations and individuals permitted to reproduce works may only
make and publish the copies of such works and may not transfer such copies to
other organizations and individuals.

Chapter IV
REGISTRATION OF COPYRIGHT AND RELATED RIGHTS
Article 38. Submission of copyright or related rights registration dossiers
1. Authors, copyright holders and related rights holders that are Vietnamese
individuals or organizations, foreign individuals permanently residing in Vietnam,
or foreign organizations having their head offices, representative offices or
branches based in Vietnam shall submit copyright or related rights registration
dossiers directly or through their lawful representatives in Vietnam.
2. Authors, copyright holders and related rights holders that are foreign
individuals not permanently residing in Vietnam or foreign organizations having
no head offices, representative offices or branches based in Vietnam shall submit
copyright or related rights registration dossiers directly via level-4 online public
service portals or may authorize Vietnam-based copyright and related rights
consultancy and service organizations to submit their dossiers.
3. A lawful representative mentioned in Clause 1 of this Article is:
a/ A person acting as the legal representative of or authorized by or a
copyright and related rights consultancy and service organization authorized by
the individual, for applicants being individuals;
b/ The legal representative of the organization or the person belonging to the
organization who is authorized by the legal representative of the organization, or a
copyright and related rights consultancy and service organization authorized by
the organization, for applicants being organizations; or the head of the
organization’s Vietnam-based head office, representative office or branch, for
applicants being foreign organizations.
4. Conditions for grant, re-grant or renewal of copyright registration
certificates or related rights registration certificates:
a/ Authors, co-authors, copyright holders and copyright co-holders of works,
performers, related rights holders, and related rights co-holders of performances,
phonograms, video recordings and broadcasts satisfy the conditions specified
in Articles 12a, 13 and 16 of the Law on Intellectual Property;

 Vietnam Law & Legal Forum 37

 b/ Works, performances, phonograms, video recordings and broadcasts are of
the types and subject matters specified in Articles 14 and 17 of the Law on
Intellectual Property;
c/ Registration dossiers are valid under Article 39, 40 or 41 of this Decree.
5. Procedures for grant, re-grant or renewal of copyright registration
certificates or related rights registration certificates:
a/ Applicants shall submit 1 dossier under Clauses 1, 2, 3 and 8 of this
Article, and Clause 1, Article 39; Clause 2, Article 40; and Clause 2, Article 41, of
this Decree and pay charges and fees in accordance with law;
b/ A competent state agency shall review and classify, and consider the
validity of, the dossier within 1 month after receiving it;
c/ In case the dossier is invalid, the competent state agency shall send a
notice requesting the applicant to modify or supplement the dossier.
The applicant shall modify or supplement the dossier within 1 month after
receiving the notice, except cases of force majeure events or external obstacles as
specified by law. In case the applicant fails to modify or supplement the dossier or
has modified or supplemented it but the dossier remains invalid, the competent
state agency shall return it to the applicant;
d/ The competent state agency shall keep 1 copy of each of the works filed
for copyright registration or 1 copy of each of the fixations of the subject matters
filed for related rights registration. One copy of each of the works filed for
copyright registration or 1 copy of each of the fixations of the subject matters filed
for related rights registration which bears a seal and the serial number of the
copyright registration certificate or related rights registration certificate shall be
returned to the certificate holder as an inseparable attachment to such certificate.
6. In case of authorization for submitting a copyright or related rights
registration dossier, the dossier must comprise a power of attorney. The power of
attorney must clearly state contact information of the authorizing party and the
authorized party; name of the work, performance, phonogram, video recording or
broadcast; scope and period of power of attorney.
In case the authorizing party is an individual, the power of attorney shall be
authenticated in accordance with law.
7. Documents included in a copyright or related rights registration dossier
shall be made in Vietnamese; if being made in another language, such documents
shall be translated into Vietnamese (notarized or consularly legalized). These
documents shall be typewritten or printed in an unfadable ink, and must be clear,

 Vietnam Law & Legal Forum 38

clean, and contain no erasure or alteration. In case of detecting spelling errors in
the submitted documents, the applicant may correct such errors but shall insert
his/her signature and append a seal, if any, in the positions of corrected errors.
8. Copyright or related rights registration dossiers shall be hand-delivered or
sent by post or through online public service portals to the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism.
Article 39. Grant of copyright registration certificates and related rights
registration certificates
1. A dossier of application for a copyright registration certificate or related
rights registration certificate mentioned in Clause 2, Article 50 of the Law on
Intellectual Property must comprise:
a/ A declaration for copyright or related rights registration (made according
to the set form), signed or fingerprinted by the author, copyright holder or related
rights holder, unless he/she is physically unable to sign or fingerprint it;
b/ Two copies of each of the works (including also e-copies) or 2 copies of
each of the fixations of performances, phonograms, video recordings or
broadcasts;
c/ A power of attorney, if the applicant is authorized by the author, copyright
holder or related rights holder under Clause 6, Article 38 of this Decree;
d/ A document proving that the applicant is the rights holder, specifically as
follows:
Document proving personal identification, for individuals: 1 copy of people’s
identity card or citizen identity card or passport;
Document proving the legal status, for organizations: 1 copy of enterprise
registration certificate or establishment license or establishment decision;
Document proving that the applicant is the rights holder as a result of
assignment of the task of creating works within a unit or an organization: the
decision on or confirmation of the assignment of the task of creating works to an
individual belonging to such unit or organization;
Document proving that the applicant is the rights holder as a result of entry
into a contract on performance of the task of creating works: the contract, rules
and regulations on organization of the creative contest;

 Vietnam Law & Legal Forum 39

 Document proving that the applicant is the rights holder as a result of
inheritance: the document stating the right to inheritance which is notarized and
certified in accordance with law;
Document proving that the applicant is the rights holder as a result of transfer
of rights: the contract on transfer, donation, purchase and sale, or capital
contribution which is notarized and certified in accordance with law;
In case the author is not concurrently the copyright holder, he/she shall make
a written commitment on creation on his/her own or creation of the work under
the task assignment decision or confirmation; and the contract; and participate in
the creative contest and take responsibility before law for the commitment
contents.
The document proving that the applicant is the rights holder as a result of
assignment of the task of creating works or entry into a contract on performance
of the task of creating works specified in this Clause must be the original or a
notarized or certified copy;
dd/ The written consent of the co-authors, for works under joint authorship;
e/ The written consent of the co-holders, if the copyright or related rights
is/are under joint ownership;
g/ In case the personal image of another person is used in the work, the
written consent of such person is required in accordance with law.
2. A competent state agency shall refuse to grant a copyright registration
certificate or related rights registration certificate and return the dossier and issue
a notice to the applicant in the following cases:
a/ The conditions specified in Clause 4, Article 38 of this Decree are not
satisfied;
b/ It is detected that the form of contents of the work, performance,
phonogram, video recording or broadcast violate(s) the Constitution and
law; oppose(s) the Party and the State of the Socialist Republic of Vietnam; is(are)
contrary to morality and fine customs of the nation; or showing superstition, and
other contents specified by law;
c/ It is detected that the work, performance, phonogram, video recording or
broadcast is involved in a dispute, complaint or denunciation while there is no
legally effective decision/ruling/award of the competent agency, court or
arbitration;

 Vietnam Law & Legal Forum 40

 d/ The competent state agency receives no valid dossier though the time limit
specified at Point c, Clause 5, Article 38 of this Decree has expired, or the re-
submitted dossier is invalid.
3. In case the dossier is valid as required, within 15 working days after
receiving it, the competent state agency shall grant a copyright registration
certificate or related rights registration certificate.
Article 40. Re-grant of copyright registration certificates and related rights
registration certificates
1. A copyright registration certificate or related rights registration certificate
shall be re-granted when it is lost or torn or damaged.
2. A dossier of request for re-grant of a copyright registration certificate or
related rights registration certificate must comprise:
a/ A declaration for copyright or related rights registration (made according
to the set form), signed or fingerprinted by the author, copyright holder or related
rights holder, unless he/she is physically unable to sign or fingerprint it;
b/ Two copies of each of the works, fixations of performances, phonograms,
video recordings or broadcasts;
c/ A power of attorney, if the applicant is authorized by the author, copyright
holder or related rights holder under Clause 6, Article 38 of this Decree;
d/ The original copyright registration certificate or related rights registration
certificate which is torn or damaged, together with a copy of each of the works,
fixations of performances, phonograms, video recordings or broadcasts that bears
a seal and the serial number of the certificate.
3. The competent state agency may refuse to re-grant a copyright registration
certificate or related rights registration certificate and shall return the dossier and
issue a notice to the applicant in the following cases:
a/ The copyright registration certificate or related rights registration
certificate is not so damaged that it is required to be re-granted;
b/ It is detected that original contents of the work, performance, phonogram,
video recording or broadcast for which certificate re-grant is requested see a
change;
c/ The cases specified at Points b, c and d, Clause 2, Article 39 of this
Decree.

 Vietnam Law & Legal Forum 41

 4. In case the dossier is valid as required, within 7 working days after
receiving it, the competent state agency shall re-grant a copyright registration
certificate or related rights registration certificate.
Article 41. Renewal of copyright registration certificates and related rights
registration certificates
1. A copyright registration certificate or related rights registration certificate
shall be renewed upon change of the copyright holder or related rights holder or a
change in information about the author, copyright holder, related rights holder, or
about the work, performance, phonogram, video recording or broadcast.
2. A dossier of request for renewal of a copyright registration certificate or
related rights registration certificate must comprise:
a/ A declaration for copyright or related rights registration (made according
to the set form), signed or fingerprinted by the author, copyright holder or related
rights holder, unless he/she is physically unable to sign or fingerprint it;
b/ Two copies of each of the works, fixations of performances, phonograms,
video recordings or broadcasts;
c/ A power of attorney, if the applicant is authorized by the author, copyright
holder or related rights holder under Clause 6, Article 38 of this Decree;
d/ The original of the copyright registration certificate or related rights
registration certificate, together with a copy of each of the works, fixations of
performances, phonograms, video recordings or broadcasts that bears a seal and
the serial number of the certificate.
3. A competent state agency may refuse to renew a copyright registration
certificate or related rights registration certificate and shall return the dossier and
issue a notice to the applicant in the following cases:
a/ It is detected that original contents of the work, performance, phonogram,
video recording or broadcast for which certificate renewal is requested see a
change;
b/ The cases specified at Points b, c and d, Clause 2, Article 39 of this
Decree.
4. In case the dossier is valid as required, within 12 working days after
receiving it, the competent state agency shall renew a copyright registration
certificate or related rights registration certificate.
Article 42. Invalidation of copyright registration certificates and related
rights registration certificates

 Vietnam Law & Legal Forum 42

 1. The specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism is competent to
invalidate copyright registration certificates and related rights registration
certificates in the cases specified in Clauses 2 and 3, Article 55 of the Law on
Intellectual Property.
2. An organization or individual granted a copyright registration certificate or
related rights registration certificate that requests invalidation of such certificate
shall carry out the following procedures:
a/ It/he/she shall submit 1 dossier of request for invalidation of the copyright
registration certificate or related rights registration certificate and pay charges and
fees in accordance with law;
b/ A dossier of request for invalidation of a copyright registration certificate
or related rights registration certificate must comprise:
A request for invalidation of the copyright registration certificate or related
rights registration certificate (made according to Form No. 06 provided in
Appendix III to this Decree);
A power of attorney, if the organization or individual is authorized by the
author, copyright holder or related rights holder under Clause 6, Article 38 of this
Decree;
Evidences (if any);
The original of the granted copyright registration certificate or related rights
registration certificate, enclosed with a copy of each of the works, fixations of
performances, phonograms, video recordings or broadcasts that bears a seal and
the serial number of the certificate;
c/ The competent state agency shall review, and consider the validity of, the
dossier within 1 month after receiving it;
d/ In case the dossier is invalid, the competent state agency shall issue a
notice to the organization or individual, requesting the dossier modification or
supplementation.
The organization or individual shall modify or supplement the dossier within
1 month after receiving the above notice, except cases of force majeure events or
external obstacles as specified by law. In case the organization or individual fails
to modify or supplement the dossier or has modified or supplemented it but the
dossier remains invalid, the competent state agency shall return the dossier to the
organization or individual;

 Vietnam Law & Legal Forum 43

 dd/ In case the dossier is valid as required, within 15 working days after
receiving it, the competent state agency shall invalidate the granted copyright
registration certificate or related rights registration certificate.
Article 43. Requirements on works, performances, phonograms, video
recordings and broadcasts in copyright or related rights registration dossiers
1. Names of works, performances, phonograms, video recordings and
broadcasts must be suitable to contents and types of such works or contents of
such performances, phonograms, video recordings and broadcasts.
2. Works, performances, phonograms, video recordings and broadcasts with
part or the whole of their contents presented in languages other than Vietnamese
shall be accompanied by descriptions in Vietnamese.
3. Works presented in the form of shorthand or other similar symbols shall be
accompanied by descriptions in Vietnamese certified by competent agencies in
accordance with law.
4. A cinematographic work shall be accompanied by a literary script that is a
creative product of the screenwriter in the form of text, showing the entire
developments of a film story; or by a storyboard that is a creative product of the
director in the form of text, showing the technical expertise and method of making
a film’s shots based on the literary script.
5. For fine-art works: Copies of such a work are photos taken from different
angles showing the composition, lines, colors and shapes of the entire work.
6. An applied fine-arts work must meet the following requirements:
a/ Its copy shall be clearly shown on A4 papers showing the composition,
lines, colors and shapes of the entire work;
b/ In case the work contains letters, words or phrases in a language other than
Vietnamese, such letters, words or phrases shall be accompanied by their
pronunciations (transliterated into Vietnamese) and, if such letters, words or
phrases have meanings, they shall be translated into Vietnamese. If such letters,
words or phrases contain numerals other than Arabic numerals or Roman
numerals, they shall be translated into Arabic numerals;
c/ For works having contents related to medicine, education or other
specialized fields, certification, appraisal and approval documents/papers from
competent authorities are required.
7. An architectural work shall be accompanied by overall technical drawings
showing architectural details (including cross sections, vertical sections from

 Vietnam Law & Legal Forum 44

different directions, and orthogonal projections) and 3D perspectives. A work’s
pages shall be ordinally numbered.
8. For works being textbooks: Contents of these works must properly and
fully represent contents of curricula of subjects or educational activities, fully
stating the following basic components: sections, chapters or topics, and lessons.
9. For computer programs: Copies of a computer program include a CD
containing such computer program (with the program’s name written in a white
paper piece stuck on 1 side of the CD) and the program’s copy printed on A4
papers containing the entire interface and codes of such computer program. In
case the above-mentioned printed copy has 100 pages or more, it is required to
print the first 25 pages, the middle 25 pages and the last 25 pages of the code.
10. Copies of works filed for copyright registration may be replaced with
photos showing three dimensions thereof, for works with specific characteristics
such as paintings, statues, monuments, reliefs, and monumental paintings
associated with architectural works; or oversized works and monotype works.
Article 44. Validity of copyright registration certificates and related rights
registration certificates
Copyright registration certificates and related copyright registration
certificates granted by the Vietnam Copyright Protection Firm, the Vietnam
Copyright Protection Agency, the Literary-Artistic Copyright Office or the
Copyright Office of Vietnam remain valid.

Chapter V
ORGANIZATIONS ACTING AS COLLECTIVE REPRESENTATIVES OF
COPYRIGHT AND RELATED RIGHTS, COPYRIGHT AND RELATED
RIGHTS CONSULTANCY AND SERVICE ORGANIZATIONS
Article 45. Organizations acting as collective representatives of copyright
and related rights
Organizations acting as collective representatives of copyright and related
rights specified in Clause 1, Article 56 of the Law on Intellectual Property shall
strictly comply with regulations on the scope and functions of operation and
authorization contracts between them and copyright holders or related rights
holders concerning the management of a particular economic right or a group of
economic rights.
Article 46. Royalty tariff

 Vietnam Law & Legal Forum 45

 1. Organizations acting as collective representatives of copyright and related
rights shall formulate royalty tariffs and methods of royalty payment in
conformity with work use forms and in adherence to the principles specified
in Clause 3, Article 44a of the Law on Intellectual Property, for use as a basis for
conducting negotiations and making royalty payment in the cases specified in
Clause 2, Article 20; Clause 1, Article 26; Clause 4, Article 29; Clause 2,
Article 30; Clause 2, Article 31; and Clause 1, Article 33, of the Law on
Intellectual Property.
Organizations acting as collective representatives of copyright and related
rights shall submit dossiers to the Minister of Culture, Sports and Tourism,
requesting approval of royalty tariffs and methods of royalty payment before
applying such tariffs and methods.
2. A dossier of request for approval of a royalty tariff and method of royalty
payment must comprise:
a/ A declaration-cum-request for approval of a royalty tariff and method of
royalty payment (made according to Form No. 07 provided in Appendix III to this
Decree);
b/ A plan on formulation of the royalty tariff, which must have the following
contents:
Analysis of the proposed royalty tariff: bases for royalty calculation (type,
form, quality, quantity, structure, scale, frequency of exploitation/use and other
bases); constituents of royalty rates; socio-economic conditions by geographical
area, time and place where acts of exploitation/use take place (with classification
and evaluation); impacts of the royalty tariff/rates on creative activities,
exploitation/use and enjoyment of outcomes of such creative activities; and
performance of obligations toward the state budget;
Issues on which no agreement is reached with the exploiting/using party (if
any);
Proposed royalty tariff and payment method, and recommendations (if any).
3. Organizations and individuals exploiting/using works, performances,
phonograms, video recordings and broadcasts and organizations acting as
collective representatives of copyright and related rights shall reach agreement on
royalty rates and payment methods.
4. Expenses for considering and approving royalty tariffs and methods of
royalty payment shall be paid by approval requesters in accordance with law.
Article 47. Approval of royalty tariffs and methods of royalty payment

 Vietnam Law & Legal Forum 46

 1. The Minister of Culture, Sports and Tourism shall consider and issue a
written approval of a royalty tariff and method of royalty payment within 90 days
after receiving a valid dossier of request for approval of such royalty tariff and
method of royalty payment from an organization acting as a collective
representative of copyright and related rights under Clause 1, Article 46 of this
Decree.
2. If deeming it necessary, the Minister of Culture, Sports and Tourism may
set up an Advisory Council on copyright and related rights to consider the royalty
tariff and method of royalty payment specified in Clause 1 of this Article and
promulgate the Working Regulation of the Advisory Council on copyright and
related rights.
3. The approved royalty tariff and method of royalty payment shall be
applied for at least 3 years.
The Minister of Culture, Sports and Tourism shall consider adjusting a
royalty tariff in case of changes in consumer price index and the country’s
economic growth rate with respect to bases for determining the royalty
tariff. Organizations that may propose adjustment of royalty tariffs include
organizations acting as collective representatives of copyright and related
rights; the Vietnam Chamber of Commerce and Industry; and the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism.
Article 48. Collection and division of royalty amounts
1. Organizations acting as collective representatives of copyright and related
rights shall adopt supervision mechanisms to ensure that royalty amounts
collected from licensing are kept in accounts in separation from their other assets,
accounts, revenues and expenditures, even in case it is impossible to divide
collected royalty amounts due to failure to find or contact authorizing authors, co-
authors, copyright holders, copyright co-holders, related rights holders or related
rights co-holders under Clause 5, Article 56 of the Law on Intellectual Property.
2. Organizations acting as collective representatives of copyright and related
rights shall divide collected royalty amounts specified at Points d and e, Clause 3,
Article 56 of the Law on Intellectual Property on the basis of agreements reached
with authorizing authors, copyright holders or related rights holders based on
agreed terms, ensuring that such division is made within 6 months from the
date such royalty amounts are collected, unless otherwise agreed upon.
3. Organizations acting as collective representatives of copyright and related
rights may retain part of total collected royalty amounts to cover expenses for the

 Vietnam Law & Legal Forum 47

performance of their tasks under Point dd, Clause 3, Article 56 of the Law on
Intellectual Property.
Expenses for the performance of tasks of an organization acting as a
collective representative of copyright and related rights are total expenditures for
activities carried out by the organization as authorized by the author, copyright
holder or related rights holder, and other management expenses, which must not
exceed reasonable expenses for management of copyright and related rights in
each stage of development of the organization. Expenses shall be recorded in the
organization’s financial account-finalization statements after such statements are
certified by an independent auditing firm.
4. The to-be-retained amount shall be agreed upon by the authorizing author,
copyright holder or related rights holder and may be adjusted in stages and must
not exceed:
a/ Forty percent of the total royalty amounts collected within the first 5 years
after the establishment of the organization acting as a collective representative of
copyright and related rights;
b/ Thirty percent of the total royalty amounts collected within the subsequent
5 years;
c/ Twenty-five percent of the total collected royalty amounts, for
organizations established for 10 years or more.
5. In case an organization other than an organization acting as a collective
representative of copyright and related rights collects and divides royalty amounts
as authorized by the author, copyright holder or related rights holder, it shall
comply with Point c, Clause 2, Article 57 of the Law on Intellectual Property and
Article 55 of this Decree and shall, at the same time, perform the corresponding
obligations of an organization acting as a collective representative of copyright
and related rights as specified in Clause 2 of this Article and Articles 53 and 54 of
this Decree.
Article 49. Settlement of cases in which the authorizing authors, copyright
holders or related rights holders cannot be found or contacted
1. An organization acting as a collective representative of copyright and
related rights that cannot find or contact authorizing author, co-authors, copyright
holder, related rights holder, copyright co-holders or related rights co-holders
under Clause 5, Article 56 of the Law on Intellectual Property shall publicly notify
on its website relevant information for finding the authorizing party.

 Vietnam Law & Legal Forum 48

 Past 6 months from the date of information notification, the organization
acting as a collective representative of copyright and related rights shall transfer
collected royalty amounts to a bank account opened commonly for the authorizing
author, co-authors, copyright holder, related rights holders, copyright co-holders
or related rights co-holders that cannot be found or contacted.
If having found or contacted the authorizing author, co-authors, copyright
holder, related rights holder, copyright co-holders or related rights co-holders, the
organization acting as a collective representative of copyright and related rights
shall divide collected royalty amounts as agreed upon.
2. After 5 years’ search for the authorizing author, co-authors, copyright
holder, related rights holder, copyright co-holders or related rights co-holders for
division of collected royalty amounts, if it is still impossible to find or contact
them, collected royalty amounts and interests thereon as well as documents
relating to the authorization and royalty collection shall be handed over to the
competent state agency for management after subtracting expenses for
management and search activities in accordance with law.
3. After the handover, the competent state agency shall continue posting
search notices on the website on copyright and related rights for 5 years and
manage collected royalty amounts under Clause 8, Article 23 of this Decree.
4. Within the time limit specified in Clause 2 or 3 of this Article, in case
there is a competent court’s legally effective judgment or ruling determining that
the author, co-authors, copyright holder, related right holder, copyright co-holders
or related rights co-holders has/have been declared missing or dead (for
individuals) or has/have been dissolved or gone bankrupt (for organizations),
collected royalty amounts and interests thereon (if any) shall, after subtracting
expenses for management and search activities, be paid to beneficiaries in
accordance with relevant laws.
Article 50. Exploitation and use of phonograms and video recordings
licensed by organizations acting as collective representatives of copyright and
related rights
1. In case the use of works, phonograms and video recordings under Clause
1, Article 26 and Clause 1, Article 33 of the Law on Intellectual Property has been
authorized by copyright holders, performers or related rights holders to
organizations acting as collective representatives of copyright and related rights,
the authorized organizations may reach agreement, authorize negotiation and
collect royalties in accordance with law. The rate for division of the collected

 Vietnam Law & Legal Forum 49

royalty amounts shall be agreed upon by these organizations themselves. If no
agreement is reached, Clause 3, Article 34 of this Decree shall apply.
2. An authorizing organization acting as a collective representative of
copyright and related rights shall draw up a list of members and their works,
phonograms, video recordings and broadcasts and take responsibility upon the
signing of the contract for authorizing another organization acting as a collective
representative of copyright and related rights it to represent such members in
negotiating agreements and collecting royalties.
3. An authorized organization acting as a collective representative of
copyright and related rights shall negotiate agreements and collect royalties based
on the list of members and their works, performances, phonograms, video
recordings and broadcasts specified in the authorization contract.
Article 51. Organizational structure of organizations acting as collective
representatives of copyright and related rights
1. Organizations acting as collective representatives of copyright and related
rights shall organize general meetings and annual meetings.
2. A general meeting of an organization acting as a collective representative
of copyright and related rights shall decide on the following contents:
a/ Change of the name of the organization; modification and/or
supplementation of the organization’s charter (if any);
b/ Change of holders of leading, managerial and supervisory positions of the
organization;
c/ Other contents specified by relevant laws and the organization’s charter.
3. An annual meeting of an organization acting as a collective representative
of copyright and related rights covers the following contents:
a/ Modification of the operation regulation of the organization, in case such
regulation’s contents have yet to be governed by the organization’s charter;
b/ Reporting on the performance of members’ obligations, and approval of
salaries and other benefits for members performing leading, managerial and
supervisory tasks of the organization;
c/ Consideration of operational reports and financial statements of the
organization;
d/ Decision on percentages of to-be-retained amounts mentioned in Clause 4,
Article 48 of this Decree;

 Vietnam Law & Legal Forum 50

 dd/ Approval of the Regulation on royalty collection and division;
e/ Other contents as specified by relevant laws and the organization’s charter.
4. Members performing leading, managerial and supervisory tasks of
organizations acting as collective representatives of copyright and related rights
must include authorizing members.
Article 52. Members of organizations acting as collective representatives of
copyright and related rights
1. Members of an organization acting as a collective representative of
copyright and related rights include:
a/ Authorizing members that are organizations and individuals owning one,
some or all of the economic rights specified in Clause 1, Article 20; Clause 3,
Article 29; Clause 1, Article 30; or Clause 1, Article 31, of the Law on Intellectual
Property and authorizing in writing the organization acting as a collective
representative of copyright and related rights to manage economic rights held by
them for carrying out activities specified in Clause 2, Article 56 of the Law on
Intellectual Property;
b/ Other members specified by law.
2. Authorizing members may participate and vote in general meetings and
annual meetings or authorize other organizations and individuals to participate and
vote at such meetings in accordance with law.
3. Votes cast at general meetings and annual meetings by authorizing
members shall be calculated based on the proportion of works, fixed
performances, phonograms, video recordings and fixed broadcasts and collected
royalty amounts which have been authorized by such members to an organization
acting as a collective representative of copyright and related rights.
Article 53. Publicity and transparency in management and administration
activities of organizations acting as collective representatives of copyright and
related rights
1. An organization acting as a collective representative of copyright and
related rights shall publicize at annual meetings and post on its website annual
reports and audited annual financial statements, including information on revenues
from the licensing, payable amounts, paid amounts, collected amounts for which
the authorizing author, co-authors, copyright holder, copyright co-holders, related
rights holder or related rights co-holders cannot be found or contacted
under Clause 5, Article 56 of the Law on Intellectual Property, retained royalty

 Vietnam Law & Legal Forum 51

amounts, tax, charge and fee amounts, and interests on undivided royalty amounts
(if any).
2. An organization acting as a collective representative of copyright and
related rights shall publicize on its website the following contents:
a/ Names of authors, copyright holders and related rights holders;
b/ For individuals: date of birth; year of death (if any); for organizations: date
of establishment; year of dissolution (if any);
c/ Names of works, names of subject matters of related rights (performances;
phonograms and video recordings; broadcasts);
d/ Contents of works; contents of performances; contents of phonograms and
video recordings; contents of broadcasts;
dd/ Scope of authorization; validity of the authorization contract;
e/ Licensing, collection and division of royalty amounts;
g/ Activities of organizations acting as collective representatives of copyright
and related rights;
h/ Other relevant information.
3. Upon the division of collected royalty amounts to the authorizing author,
copyright holder or related rights holder under Clause 2, Article 48 of this Decree,
an organization acting as a collective representative of copyright and related rights
shall also send the following information:
a/ Amounts payable for each of licensed works, performances, phonograms,
video recordings and broadcasts, clearly stating licensed rights and use purposes;
b/ Period of time during which each of licensed works, performances,
phonograms, video recordings and broadcasts is used, as a basis for royalty
collection and division.
Article 54. Reporting regime
1. Organizations acting as collective representatives of copyright and related
rights shall report to the Ministry of Culture, Sports and Tourism, Ministry of
Home Affairs, Ministry of Finance and their managing agencies on the
modification and/or supplementation of their charters and operation
regulations; financial management mechanisms; change of leadership
personnel; participation in international organizations; other external
activities; royalty tariffs and methods of royalty payment; long-term and annual
programs and plans; operation, signing of authorization contracts, and licensing

 Vietnam Law & Legal Forum 52

contracts; status of authorizing members, number of works, performances,
phonograms, video recordings and broadcasts authorized to the organizations;
royalty collection, royalty rates, methods or modes of royalty division, regulations
on royalty collection and division; annual reports and audited annual financial
statements; and other relevant activities.
The modification and/or supplementation of charters of these organizations
shall be reported to a competent authority for approval before implementation.
2. An organization acting as a collective representative of copyright and
related rights shall build and connect its website with the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism and other organizations acting as collective
representatives of copyright and related rights.
3. An organization acting as a collective representative of copyright and
related rights must have its own database system on copyright and related rights
connected with the national database system on copyright and related rights.
Article 55. Copyright and related rights consultancy and service
organizations
1. Copyright and related rights consultancy and service organizations
specified in Clause 1, Article 57 of the Law on Intellectual Property include:
a/ Enterprises established and operating in accordance with the law on
enterprises;
b/ Cooperatives and unions of cooperatives established and operating in
accordance with the law on cooperatives;
c/ Non-business units;
d/ Law-practicing organizations established and operating in accordance with
the law on lawyers, except branches of foreign law-practicing organizations,
wholly foreign-owned limited liability law firms, and limited liability law firms
operating as joint ventures between Vietnamese law-practicing organizations and
foreign law-practicing organizations.
2. A copyright and related rights consultancy and service organization may
be established under Clause 1, Article 57 of the Law on Intellectual Property when
its head and individuals engaged in copyright and related rights consultancy and
service activities fully satisfy the following conditions:
a/ Being Vietnamese citizens who have full civil act capacity;
b/ Permanently residing in Vietnam;

 Vietnam Law & Legal Forum 53

 c/ Possessing a university degree in law.
3. Recognition of copyright and related rights consultancy and service
organizations:
a/ An organization that fully meets the conditions specified in Clause 1,
Article 57 of the Law on Intellectual Property and Clause 2 of this Article shall be
recognized by the specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism as a copyright and
related rights consultancy and service organization in the National Register of
Copyright and Related Rights Consultancy and Services; the organization’s
information shall be published on the website on copyright and related rights at
the request of such organization after its request is approved.
Branches and other affiliated units of organizations fully satisfying the
conditions specified in Clause 1, Article 57 of the Law on Intellectual
Property may only provide copyright and related rights consultancy and services
in the name of such organizations.
b/ Method of implementation: Hand-delivering dossiers or sending dossiers
by post to the specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism.
c/ A dossier of request for recognition of a copyright and related rights
consultancy and service organization in the National Register of Copyright and
Related Rights Consultancy and Services shall be made under the name of an
organization satisfying the conditions specified in Clause 1, Article 57 of the Law
on Intellectual Property, and must comprise:
A declaration-cum-request for recognition of a copyright and related rights
consultancy and service organization (made according to Form No. 08 provided in
Appendix III to this Decree);
A list of individuals belonging to the organization who personally carry out
copyright and related rights consultancy and service activities, together with
copies of their people’s identity cards or citizen identity cards;
Curriculum vitae of the head of the organization, certified by a competent
state agency;
Certified copies of university degrees in law of the head of the organization
and individuals engaged in copyright and related rights consultancy and service
activities;
A copy of the business registration certificate or operation registration
certificate of the organization.

 Vietnam Law & Legal Forum 54

 d/ Within 30 days after receiving a valid dossier, the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism shall check the dossier and issue a reply to the
copyright and related rights consultancy and service organization, stating the
agency’s recognition of, or refusal to recognize, such organization.
4. Deletion of names of copyright and related rights consultancy and service
organizations:
a/ The specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism shall delete the name
of a copyright and related rights consultancy and service organization from the
National Register of Copyright and Related Rights Consultancy and Services, and
publish information on such deletion on the website on copyright and related
rights, in the following cases:
The copyright and related rights consultancy and service organization no
longer wishes to provide or terminates providing copyright and related rights
consultancy and services;
The copyright and related rights consultancy and service organization no
longer satisfies the conditions specified in Clause 1, Article 57 of the Law on
Intellectual Property and Clause 2 of this Article;
b/ Organizations and individuals may request the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism to delete the name of a copyright and related rights
consultancy and service organization if having sufficient grounds to believe that
such organization is no longer eligible for providing copyright and related rights
consultancy
and services;
c/ Copyright and related rights consultancy and service organizations shall
carry out procedures to request the specialized state management agency in charge
of copyright and related rights of the Ministry of Culture, Sports and Tourism to
delete their names from the National Register of Copyright and Related Rights
Consultancy and Services in the cases specified at Point a of this Clause;
d/ Method of implementation: Hand-delivering dossiers or sending dossiers
by post to the specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism;
dd/ A dossier of request for deletion of the name of a copyright and related
rights consultancy and service organization must comprise a declaration-cum-
request for deletion of the name of the copyright and related rights consultancy

 Vietnam Law & Legal Forum 55

and service organization (made according to Form No. 08 provided in Appendix
III to this Decree), clearly stating the reason for the deletion or a paper showing
results of the settlement of petitions, reported information, complaints or
denunciations or a competent state agency’s decision with regard to the deletion
request;
e/ The specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism shall carry out
procedures for processing a dossier of request for deletion of the name of a
copyright and related copyright consultancy and service organization within 30
days after receiving such a valid dossier which are similar to the procedures for
recognition of copyright and related copyright consultancy and service
organizations.
5. In case of a change related to information on a copyright or related rights
consultancy and service organization, such organization shall send a notice of the
change to the specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism.
6. The specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism shall draw up and
post a list of copyright and related rights consultancy and service organizations on
its website on copyright and related rights.
7. Copyright and related rights consultancy and service organizations shall
send reports and information on copyright and related rights consultancy and
service activities on an annual or unscheduled basis to the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism.

Chapter VI
PROTECTION OF COPYRIGHT AND RELATED RIGHTS
Section 1
SELF-PROTECTION OF COPYRIGHT AND RELATED RIGHTS
Article 56. General provisions on protection of copyright and related rights
1. Copyright holders and related rights holders may directly exercise and
protect their copyright and related rights or authorize organizations acting as
collective representatives of copyright and related rights or other organizations or
individuals to do so in accordance with law. Authorized parties shall publicize

 Vietnam Law & Legal Forum 56

information for organizations and individuals exploiting or using works,
performances, phonograms, video recordings and broadcasts to contact and reach
agreements with copyright holders and related rights holders on exploitation or
use of such works, performances, phonograms, video recordings and broadcasts.
2. Organizations and individuals exploiting or using works, performances,
phonograms, video recordings and broadcasts shall contact copyright holders,
related rights holders or authorized parties to reach agreements on exploitation or
use of such works, performances, phonograms, video recordings and broadcasts in
accordance with the law on copyright and related rights.
3. Disputes over copyright and related rights shall be settled in accordance
with the civil procedure law or arbitration law.
Article 57. Application of civil, administrative and criminal measures to
protect copyright and related rights
Organizations and individuals that commit acts of infringing upon copyright
or related rights of other organizations or individuals shall, depending on the
nature and severity of the infringement, be handled with civil, administrative or
criminal measures as specified in Part Five (Protection of Intellectual Property
Rights) of the Law on Intellectual Property and in accordance with the following
provisions:
1. Civil measures shall be applied to handle acts of infringement at the
request of copyright holders or related rights holders or organizations and
individuals suffering damage caused by such acts, even if such acts have been or
are being handled with administrative or criminal measures.
Procedures for requesting, and competence, order and procedures for, the
application of civil measures must comply with the civil procedure law or
arbitration law.
2. Administrative measures shall be applied to handle acts of infringement in
one of the cases specified in Article 211 of the Law on Intellectual Property at the
request of copyright holders or related rights holders, organizations and
individuals suffering damage caused by such acts or of organizations and
individuals detecting such acts, or to handle acts of infringement detected by
competent agencies.
Forms, levels, competence and procedures for sanctioning acts of
infringement and remedial measures must comply with the Law on Intellectual
Property and the law on sanctioning of administrative violations in the field
of copyright and related rights.

 Vietnam Law & Legal Forum 57

 3. Criminal measures shall be applied to handle acts of infringement in case
such acts have sufficient crime constituents specified in the Penal Code.
The competence, order and procedures for application of criminal measures
must comply with the criminal procedure law.
Article 58. Exercise of the right to self-protection of copyright and related
rights
1. Authors, copyright holders, performers, related rights holders and
organizations and individuals authorized in accordance with law shall exercise the
right to self-protection under Article 198 of the Law on Intellectual Property and
this Article.
2. Rights management information and technological measures for rights
protection specified at Point a, Clause 1, Article 198 of the Law on Intellectual
Property must comply with Articles 60 and 61 of this Decree.
3. The request for termination of acts infringing upon copyright or related
rights specified at Point b, Clause 1, Article 198 of the Law on Intellectual
Property shall be made by authors, copyright holders, performers, related rights
holders or authorized organizations and individuals by sending notices to
organizations and individuals committing such acts.
Such a notice must have the following information:
a/ Names of the author, copyright holder, performer or related rights holder
and authorized organization or individual (if any);
b/ Bases giving rise to copyright and related rights, copyright registration
certificate or related rights registration certificate (if any);
c/ Scope and term of protection of copyright or related rights; and act of
infringing upon copyright or related rights;
d/ Request for termination of the act of infringement; time limit for
termination of the act of infringement;
dd/ Request for royalty payment and damage compensation (if any).
4. The request for competent state agencies to handle acts of infringing upon
copyright and related rights specified at Point c, Clause 1, Article 198 of the Law
on Intellectual Property must comply with Articles 75 thru 80 of this Decree.
Article 59. Presumptions about copyright and related rights
1. The first fixation of a performance, phonogram, video recording or
broadcast specified in Clause 2, Article 198a of the Law on Intellectual Property is

 Vietnam Law & Legal Forum 58

a fixation that exists in physical form and on which sounds and images of the first-
published performance, phonogram, video recording or broadcast are fixed.
2. An individual named as the author (real name or pseudonym) on a copy of
a published work or on the original of a fine-art work in a common way shall be
considered the author of such work until there is evidence to the contrary.
3. For a published work not bearing the author’s name under Clause 2 of this
Article, the publishing house named on its copies shall be considered the rights
holder.
4. Rights holders of works specified in Clauses 2 and 3 of this Article may
make requests specified in Article 198 of the Law on Intellectual Property. The
provisions of this Clause do not affect agreements already reached between related
parties.
5. In case the original or a copy of a work or the fixation of a performance,
phonogram, video recording or broadcast no longer exists, the copyright holder or
related rights holder specified in Clause 2, Article 198a of the Law on Intellectual
Property shall also be identified on the original or a copy of another relevant work
or the fixation of a relevant performance, phonogram, video recording or
broadcast which states names of the author, performer, phonogram or video
recording producer or broadcasting organization to a reasonable extent to affirm
the rights holder.
Article 60. Rights management information
1. Providing rights management information to prevent acts of infringing
upon copyright and related rights under Point a, Clause 1, Article 198 of the Law
on Intellectual Property means the inclusion in the originals and copies of works,
fixations of performances, phonograms, video recordings and broadcasts of
information identifying such works, performances, phonograms, video recordings,
broadcasts, and satellite signals carrying encrypted programs; information on
authors, performers, copyright holders, related rights holders and exploitation or
use conditions; and numbers and codes showing above information with or
without technological measures for rights protection. Rights management
information does not include copy user-related information on users’ names,
accounts and addresses or other contact information.
Rights management information shall be attached to copies or must appear
simultaneously with works, performances, phonograms, video recordings and
broadcasts when the latter are transmitted to the public.

 Vietnam Law & Legal Forum 59

 2. Cases of copyright and related rights infringement with respect to rights
management information are specified in Articles 28 and 35 of the Law on
Intellectual Property.
Article 61. Technological measures for rights protection
1. Technological measures for rights protection specified at Point a, Clause 1,
Article 198 of the Law on Intellectual Property are measures using any means,
techniques, technologies, equipment or components in the course of normal
operation and having main functions of marking, identifying, distinguishing and
protecting copyright and related rights specified in Articles 19, 20, 29, 30 and 31
of the Law on Intellectual Property.
2. Effective technological measures are technological measures for rights
protection for copyright holders and related rights holders to control the use of
works, performances, phonograms, video recordings, broadcasts, and satellite
signals carrying encrypted programs, through:
a/ Access control application, which is an application allowing the use of
techniques, technologies, equipment or components to control the right to access
protected copies;
b/ Protection protocol, which is a measure allowing the use of techniques,
technologies, equipment or components to prevent or minimize the performance
of any act constituting acts of infringing upon copyright or related rights to
protected copies;
c/ Reproduction control mechanism, which is a measure allowing the use of
techniques, technologies, equipment or components to control the making of
copies from protected copies.
3. Organizations and individuals may not intentionally cancel or nullify
effective technological measures taken by authors, copyright holders and related
rights holders to protect their copyright and related rights specified in Clause 4,
Article 28; Clause 5, Article 35; and Clause 1, Article 198, of the Law on
Intellectual Property for the purpose of using works, performances, phonograms,
video recordings, broadcasts, and satellite signals carrying encrypted programs in
contravention of the Law on Intellectual Property and this Decree. Nullifying
effective technological measures covers also shirking, ignoring, eliminating,
skipping, deactivating or devaluing effective technological measures in order to
use works, performances, phonograms, video recordings, broadcasts, and satellite
signals carrying encrypted programs.
4. Clause 3 of this Article does not apply to cases of licensed access to and
use of works, performances, phonograms, video recordings, broadcasts, and

 Vietnam Law & Legal Forum 60

satellite signals carrying encrypted programs as specified in Clause 3, Article 20;
Clause 5, Article 29; Clause 3, Article 30; Clause 3, Article 31, and Articles
25, 25a and 32, of the Law on Intellectual Property.
Section 2
DISPUTES OVER COPYRIGHT AND RELATED RIGHTS,
IDENTIFICATION OF ACTS OF INFRINGING UNPON COPYRIGHT AND
RELATED RIGHTS
Article 62. Disputes over copyright
1. Disputes between individuals over copyright to literary, artistic, scientific
and derivative works.
2. Disputes between co-authors over division of joint authorship.
3. Disputes between copyright co-holders over division of co-holders’ rights
upon exploitation, use and transfer of one, several or all of the copyrights.
4. Disputes between individuals and organizations over the holders of
copyright to works.
5. Disputes between copyright holders and authors over royalties payable to
authors who create works on the basis of assigned tasks or creative contracts.
6. Disputes over the exercise of moral rights or economic rights of authors or
copyright holders; co-authors or copyright co-holders.
7. Disputes over copyright to computer programs or data collections between
those who provide finances and material conditions crucial to the creation and
development of computer programs or the collection of data and those who design
or create computer programs or collect data.
8. Disputes over copyright to cinematographic works or theatrical works
between those who provide finances and invest in physical-technical facilities for
the production of cinematographic works or theatrical works and those who
participate in the creation of, or produce, the cinematographic works or theatrical
works or disputes between them over royalties and other material benefits.
9. Disputes between holders of copyright to, and users of, published works
for which users are not required to ask for permission or pay royalties for the
reason that the use of the works conflicts with the normal exploitation thereof and
unreasonably causes damage to the lawful interests of the authors or copyright
holders.
10. Disputes between holders of copyright to, and users of, published works
for which users are not required to ask for permission but are required to pay

 Vietnam Law & Legal Forum 61

royalties for the reason that the users fail to pay royalties or the use of the works
conflicts with the normal exploitation thereof and unreasonably causes damage to
the lawful interests of the authors or copyright holders.
11. Disputes over copyright assignment contracts, copyright licensing
agreements or copyright consultancy and service contracts.
12. Disputes arising from acts of infringing upon copyright.
13. Disputes over inheritance and takeover of the economic rights specified
in Article 20 and the moral rights specified in Clause 3, Article 19 of the Law on
Intellectual Property
14. Other disputes over copyright in accordance with law.
Article 63. Disputes over related rights
1. Disputes over holders of rights to performances, phonograms, video
recordings and broadcasts.
2. Disputes between performers and exploiters/users of moral rights and
economic rights to performances.
3. Disputes between producers of phonograms or video recordings and
exploiters/users of economic rights to phonograms or video recordings.
4. Disputes between broadcasting organizations and exploiters/users of
economic rights to broadcasts.
5. Disputes between performers, producers of phonograms and video
recordings, or broadcasting organizations and users of related rights who are not
required to ask for permission or pay royalties for the reason that the use of the
performances, phonograms, video recordings or broadcasts conflicts with the
normal exploitation thereof and unreasonably causes damage to the lawful
interests of performers, producers of phonograms and video recordings, or
broadcasting organizations.
6. Disputes between authors, copyright holders, performers, producers of
phonograms and video recordings, or broadcasting organizations and users of
related rights who are not required to ask for permission but are required to pay
royalties for the reason that the users fail to pay royalties or the use of the
performances, phonograms, video recordings or broadcasts conflicts with the
normal exploitation thereof and unreasonably causes damage to the lawful
interests of performers, producers of phonograms and video recordings, or
broadcasting organizations.

 Vietnam Law & Legal Forum 62

 7. Disputes over related rights assignment contracts, related rights licensing
agreements or related rights consultancy and service contracts.
8. Disputes arising from acts of infringing upon related rights.
9. Disputes over inheritance of related rights.
10. Other disputes over related rights as prescribed by law.
Article 64. Bases for determination of acts of infringing upon copyright and
related rights
Bases for determination of acts of infringing upon copyright and related
rights specified in Articles 28 and 35 of the Law on Intellectual Property:
1. The subject matter under consideration falls within the scope of subject
matters currently eligible for copyright and related rights protection: works
eligible for copyright protection specified in Article 14 of the Law on Intellectual
Property; and subject matters eligible for related rights protection specified in
Article 17 of the Law on Intellectual Property.
2. The subject matter under consideration contains an element of copyright
and related rights infringement.
3. The person performing the act under consideration is not the holder of
copyright or related rights, except cases in which one of the co-authors, copyright
co-holders or related rights co-holders commits an act of infringing upon the other
co-authors, copyright co-holders, or related rights co-holders and is not the person
permitted by law or competent authorities as prescribed in Clause 3, Article 20;
Clause 5, Article 29; Clause 3, Article 30; Clause 3, Article 31; and Articles 25,
25a, 26, 32 and 33, of the Law on Intellectual Property.
4. The act under consideration occurs in Vietnam. The act under
consideration is also regarded as occurring in Vietnam if it occurs on the
telecommunications network and the Internet of which consumers or users exploit
and use digital information contents in Vietnam.
Article 65. Bases for determination of subject matters eligible for copyright
and related rights protection
1. The subject matter eligible for protection shall be determined by
examining documents and evidences proving that there are bases for the
emergence of rights specified in Clauses 1 and 2, Article 6 of the Law on
Intellectual Property and that the subject matter does not fall into the scope of
subject matters ineligible for copyright protection specified in Article 15 of the
Law on Intellectual Property.

 Vietnam Law & Legal Forum 63

 2. In case copyright or related rights has/have been registered at a competent
authority, the subject matter eligible for protection shall be determined according
to the copyright registration certificate or related rights registration certificate and
documents accompanying that certificate.
3. In case copyright or related rights has/have not been registered at a
competent authority, such copyright or related rights shall be determined under the
assumption of copyright and related rights specified in Article 198a of the Law on
Intellectual Property and Article 59 of this Decree.
Article 66. Determination of elements of copyright infringement
1. Acts of infringing upon copyright may take one of the following forms:
a/ Infringing upon the right to title works: changing the title of a work
without the permission of the author or co-authors, except translated works or
unless otherwise provided by law;
b/ Infringing upon the right of attribution: impersonating the author of a
work, forging the author’s name or signature, failing to attribute the author or
intentionally misattribute the author or the work when exploiting/using such work;
c/ Infringing upon the right to publish works: publishing a work without the
consent of the copyright holder or co-holders; appropriating copyright;
d/ Infringing upon the right to protect the integrity of a work to the detriment
of the author’s honor and reputation: distorting a work; modifying or mutilating a
work to the detriment of the author’s honor and reputation;
dd/ Infringing upon the right to make derivative works: using an existing
work as a derivative work without the consent of the copyright holder or co-
holders in accordance with law;
e/ Infringing upon the right of public performance: performing, reading,
displaying, exhibiting, showing, or demonstrating works in public places or places
where paid tickets or entrance fees are required without the consent of copyright
holders and co-holders in accordance with law, except the cases specified in
Articles 25 and 25a of the Law on Intellectual Property;
g/ Infringing upon the right to reproduce works: duplicating or making copies
of a work without the consent of the copyright holder or co-holders in accordance
with law; reproducing part of a work, extracting or combining a work without the
permission of the copyright holder or co-holders in accordance with law, except
the cases specified at Point a, Clause 3, Article 20, and in Articles 25 and 25a, of
the Law on Intellectual Property;

 Vietnam Law & Legal Forum 64

 h/ Infringing upon the right to distribute or import for distribution to the
public: distributing or importing for distribution to the public an original work or a
tangible copy thereof without the consent of the copyright holder or co-holders in
accordance with law, except the cases specified at Point b, Clause 3, Article 20,
and in Article 25a, of the Law on Intellectual Property;
i/ Infringing upon the right of broadcast or communication to the public:
broadcasting or communicating a work to the public via telecommunications
networks and the Internet without the consent of the copyright holder or co-
holders in accordance with law, except the cases specified in Articles 25 and 25a
of the Law on Intellectual Property;
k/ Infringing upon the right to lease original cinematographic works and
computer programs or copies thereof: leasing an original cinematographic work or
computer program or a copy thereof without the consent of the copyright holder or
co-holders in accordance with law;
l/ Failing to perform or incompletely performing the legal responsibilities
specified in Articles 25, 25a and 26 of the Law on Intellectual Property;
m/ Deliberately canceling or deactivating effective technological measures
taken by authors or copyright holders on original works or copies thereof to
protect the copyright to their works in accordance with law, except the cases
specified in Clause 3, Article 20, and Articles 25 and 25a, of the Law on
Intellectual Property;
n/ Manufacturing, distributing, importing, offering for sale, selling,
promoting, advertising, marketing, leasing or stockpiling for commercial purposes
equipment, products or components, introducing or providing services when
knowing or having grounds to know that such equipment, products, components
or services are manufactured or used to deactivate effective technological
measures for protection of copyright in accordance with law;
o/ Deliberately deleting, removing or altering rights management information
without permission of the author or copyright holder when knowing or having
grounds to know that the performance of such acts will instigate, enable, facilitate
or conceal acts of infringing upon copyright in accordance with law;
p/ Intentionally distributing, importing for distribution, broadcasting,
communicating or providing to the public copies of a work when knowing or
having grounds to know that rights management information has been deleted,
removed or altered without permission of the copyright holder; or when knowing
or having grounds to know that the performance of such acts will instigate, enable,
facilitate or conceal acts of infringing upon copyright in accordance with law;

 Vietnam Law & Legal Forum 65

 q/ Failing to implement or improperly implementing regulations for being
exempted from legal liabilities for copyright of the intermediary service providers
with regard to the works specified in Clause 3, Article 198b of the Law on
Intellectual Property, Articles 113 and 114 of this Decree, and other relevant
regulations.
2. The basis for determining the element of copyright infringement is the
scope of copyright protection determined based on the form of presentation of the
original work; or determined based on the characters, images, ways of expressing
characters’ personality, images and details of the original work, in case of
determining elements of copyright infringement for derivative works.
When determining elements of copyright infringement for a work, it is
required to take into account the originality of the creation of the work and the
expression and manifestation of ideas rather than the ideas themselves.
3. In order to determine whether a copy of a work or a work constitutes an
element of copyright infringement, it is necessary to compare such copy with its
original or such work with the original work, taking into account the originality of
creation of the work, the expression or manifestation of creative ideas of the work;
the time of completion of the work; the author’s access to the existing work and
timing and time of access.
A copy of a work shall be considered constituting an element of copyright
infringement in the following cases:
a/ The copy is a reproduction of part or the whole of a protected work of
another person;
b/ The work (part of the work) is part or the whole of a protected work of
another person;
c/ The characters, images or ways of expressing characters’ personality,
images and details expressed in the work or part of the work belong to a protected
work of another person.
4. Products, goods and services created from the acts of infringing upon
copyright specified in Clause 1 of this Article shall be considered copyright-
infringing products, goods and services.
5. Products created from the acts of infringing upon copyright specified at
Point g, Clause 1 of this Article shall be considered pirated goods as defined in
Article 213 of the Law on Intellectual Property.
Article 67. Determination of elements of related rights infringement

 Vietnam Law & Legal Forum 66

 1. Acts of infringing upon related rights to a performance may take one of the
following forms:
a/ Infringing upon the performer’s right to be acknowledged: failing to
acknowledge the performer or inaccurately acknowledging the performer in an
intentional manner when performing or distributing a phonogram or video
recording or broadcasting a performance, except cases in which it is impossible to
acknowledge the performer in his/her/their full name for objective reasons and due
to the nature, scale and genre of the performance;
b/ Infringing upon the right to protect the integrity of the performer’s image
to the detriment of the honor and reputation of the performer: distorting the
performer’s image; modifying or mutilating the performance to the detriment of
the honor and reputation of the performer;
c/ Infringing upon the right to fix live performances: fixing a live
performance without the consent of the performer as prescribed by law;
d/ Infringing upon the right to reproduce performances fixed on phonograms
or video recordings: duplicating, reproducing, extracting, or combining the whole
or part of a fixation of a performance without the consent of the performer as
prescribed by law, except the cases specified at Point a, Clause 5, Article 29, and
in Article 32, of the Law on Intellectual Property;
dd/ Infringing upon the right to broadcast or communicate to the public
unfixed performances: broadcasting or communicating to the public an unfixed
performance without the consent of the performer as prescribed by law, except
cases in which the performance is for broadcasting purposes and the case specified
in Article 32 of the Law on Intellectual Property;
e/ Infringing upon the right to distribute or import for distribution to the
public the original fixations of performances or copies thereof in tangible forms:
distributing or importing for distribution to the public the original fixation of a
performance or a copy thereof in a tangible form without the consent of the
performer as prescribed by law, except the case specified at Point b, Clause 5,
Article 29 of the Law on Intellectual Property;
g/ Infringing upon the right to commercially lease to the public original
performances or copies thereof which have been fixed in phonograms or video
recordings: commercially leasing to the public an original performance or a copy
thereof which has been fixed in phonograms or video recordings without the
consent of the performer as prescribed by law;
h/ Infringing upon the right to broadcast or communicate to the public
fixations of performances: broadcasting or communicating to the public a fixation

 Vietnam Law & Legal Forum 67

of a performance without the consent of the performer as prescribed by law,
except the case specified in Article 32 of the Law on Intellectual Property;
i/ The cases specified in Clause 4 of this Article.
2. Acts of infringing upon related rights to phonograms or video recordings
may take one of the following forms:
a/ Infringing upon the right to reproduce the whole or part of phonograms or
video recordings: duplicating, reproducing, extracting, or combining the whole or
part of a phonogram or video recording without the consent of the holder of the
rights to the phonogram or video recording as prescribed by law, except the cases
specified at Point a, Clause 3, Article 30, and in Article 32, of the Law on
Intellectual Property;
b/ Infringing upon the right to distribute or import for distribution to the
public original phonograms or video recordings and copies thereof in tangible
forms: distributing or importing for distribution an original phonogram or video
recording or a copy thereof in a tangible form without the consent of the holder of
rights to the phonogram or video recording as prescribed by law, except the cases
specified at Point b, Clause 3, Article 30, and in Article 32, of the Law on
Intellectual Property;
c/ Infringing upon the right to commercially lease to the public original
phonograms or video recordings and copies thereof: commercially leasing an
original phonogram or video recording or a copy thereof without the consent of
the holder of rights to the phonogram or video recording as prescribed by law;
d/ Infringing upon the right to broadcast or communicate to the public
phonograms and video recordings: broadcasting or communicating to the public a
phonogram or video recording without the consent of the holder of rights to the
phonogram or video recording as prescribed by law, except the case specified in
Article 32 of the Law on Intellectual Property;
dd/ The cases specified in Clause 4 of this Article.
3. Acts of infringing upon related rights to broadcasts may take one of the
following forms:
a/ Infringing upon the right to broadcast or rebroadcast: broadcasting or
rebroadcasting a broadcast without the consent of the holder of rights to the
broadcast as prescribed by law, except the case specified in Article 32 of the Law
on Intellectual Property;
b/ Infringing upon the right to reproduce fixations of broadcasts: receiving,
decrypting, duplicating, reproducing, extracting, or combining the whole or part of

 Vietnam Law & Legal Forum 68

a fixation of a broadcast without the consent of the holder of rights to the
broadcast as prescribed by law, except the cases specified at Point a, Clause 3,
Article 31, and in Article 32, of the Law on Intellectual Property;
c/ Infringing upon the right to fix broadcasts: fixing a broadcast without the
consent of the holder of rights to the broadcast as prescribed by law;
d/ Infringing upon the right to distribute or import for distribution to the
public fixations of broadcasts in tangible forms: distributing or importing for
distribution a fixation of a broadcast in a tangible form without the consent of the
holder of rights to the broadcast as prescribed by law, except the cases specified at
Point b, Clause 3, Article 31, and in Article 32, of the Law on Intellectual
Property;
dd/ The cases specified in Clause 4 of this Article.
4. Acts of infringing upon related rights may also take one of the following
forms:
a/ Failing to perform or inadequately performing the legal responsibilities
specified in Articles 32 and 33 of the Law on Intellectual Property;
b/ Intentionally canceling or deactivating effective technological measures
taken by the related rights holders on the original fixations of performances,
phonograms, video recordings or broadcasts or copies thereof to protect their
rights as prescribed by law, except the cases specified in Clause 5, Article 29;
Clause 3, Article 30; Clause 3, Article 31; and Article 32, of the Law on
Intellectual Property;
c/ Manufacturing, distributing, importing, offering for sale, selling,
promoting, advertising, marketing, leasing or stockpiling for commercial purposes
equipment, products or components, introducing or providing services when
knowing or having grounds to know that such equipment, products, components
or services are manufactured or used to deactivate effective technological
measures for related rights protection in accordance with law;
d/ Intentionally deleting, removing or altering rights management
information without permission of related rights holders when knowing or having
grounds to know that the performance of such act will instigate, enable, facilitate
or conceal acts of infringing upon related rights in accordance with law;
dd/ Intentionally distributing, importing for distribution, broadcasting,
communicating or providing to the public performances, fixed copies of
performances, or phonograms, video recordings or broadcasts when knowing or
having grounds to know that rights management information has been deleted,

 Vietnam Law & Legal Forum 69

removed or altered without permission of the related rights holder; or when
knowing or having grounds to know that the performance of such acts will
instigate, enable, facilitate or conceal acts of infringing upon related rights as
prescribed by law;
e/ Manufacturing, assembling, transforming, distributing, importing,
exporting, offering for sale, selling or leasing equipment or systems when
knowing or having grounds to know that such equipment or systems is/are used to
or mainly help illegally decrypt encrypted program-carrying satellite signals as
prescribed by law;
g/ Intentionally receiving or subsequently distributing encrypted program-
carrying satellite signals when the signals have been decrypted without permission
of the lawful distributor as prescribed by law;
h/ Failing to implement or improperly implementing regulations for being
exempted from legal liability for related rights of intermediary service providers
with respect to performances, phonograms, video recordings and broadcasts as
specified in Clause 3, Article 198b of the Law on Intellectual Property, Articles
113 and 114 of this Decree, and relevant regulations.
5. The basis for determination of elements of related rights infringements is
the scope of related rights protection which has been determined based on the
form of the first fixation of the relevant performance, phonogram, video recording
or broadcast.
6. In order to determine whether or not a copy or fixation of a performance,
phonogram, video recording or broadcast constitutes an element of related rights
infringement, it is necessary to compare the copy or the performance, phonogram,
video recording or broadcast with the original of the first fixation of the
performance, phonogram, video recording or broadcast; the time of completion
and fixation of the performance, phonogram, video recording or broadcast; the
author’s access to, timing of, and time of access to, the fixation of the existing
performance, phonogram, video recording or broadcast.
A copy of a fixation of a performance, phonogram, video recording or
broadcast shall be considered an element of infringement in the following cases:
a/ The copy is the reproduction of part or the whole of the first fixation of a
protected performance, phonogram, video recording or broadcast of another
person;
b/ The work (part of the work) is part or the whole of the first fixation of a
protected performance, phonogram, video recording or broadcast of another
person.

 Vietnam Law & Legal Forum 70

 7. Products, goods and services created from acts of infringing upon related
rights specified in Clauses 1, 2, 3 and 4 of this Article shall be considered related
rights-infringing products, goods and services.
8. Products created from the acts of infringing upon related rights specified at
Point d, Clause 1, Point a Clause 2, and Point b Clause 3, of this Article shall be
considered pirated goods as specified in Article 213 of the Law on Intellectual
Property.
Article 68. Bases for determination of the nature and severity of
infringement
1. The nature of infringement specified in Clause 1, Article 199 of the Law
on Intellectual Property shall be determined on the following bases:
a/ Circumstances and motives of the infringement: unintentional
infringement, intentional infringement, infringement due to the state of being
controlled or depending on others, first-time infringement, recidivism;
b/ Methods of committing acts of infringement: individual infringement,
organized infringement, committing acts of infringement by oneself, bribing,
deceiving, or forcing others to commit acts of infringement.
2. The severity of infringement specified in Clause 1, Article 199 of the Law
on Intellectual Property shall be determined on the following bases:
a/ Scope of territory, time, volume and scale of committing acts of
infringement;
b/ Impacts and consequences of acts of infringement.
Section 3
DETERMINATION OF DAMAGE CAUSED BY INFRINGEMENT OF
COPYRIGHT AND RELATED RIGHTS
Article 69. Principles for determining damage caused by infringement of
copyright and related rights
1. Damage caused by acts of infringing upon copyright and related rights
specified in Article 204 of the Law on Intellectual Property is the actual material
and spiritual loss caused directly by the act of infringement to the owner of
copyright and related rights.
2. It is considered to have actual loss in case the following bases are
sufficient:

 Vietnam Law & Legal Forum 71

 a/ The material or spiritual benefit is real and belongs to the aggrieved
person: The material or spiritual benefit is the result (product) of copyright or
related rights and the aggrieved person is the person entitled to such material or
spiritual benefit;
b/ The aggrieved person is able to obtain the benefit specified at Point a of
this Clause: The aggrieved person would obtain (gain) such material or spiritual
benefit under certain conditions if acts of infringing upon copyright and related
rights did not occur;
c/ There is a decrease in or loss of benefits of the aggrieved person after the
act of infringement of copyright or related rights occurs as compared to the ability
to obtain such benefit in case the act of infringement does not occur and the act of
infringement is the direct cause of such decrease or loss: Before the act of
infringement occurred, the aggrieved person had had the material or spiritual
benefit and after the act of infringement occurred, the aggrieved person suffers a
decrease in or loss of the benefit he/she gained prior to the occurrence of the act of
infringement; there is a causal relationship between the act of infringement and
the decrease in or loss of such benefit.
3. The extent of damage shall be determined in conformity with the rights
infringement elements with regard to the subject matter of copyright and related
rights.
The extent of damage shall be determined based on the evidence of damage
provided by the parties, including also the results of assessment and the
declaration of damage, which must clarify the grounds for determining and
calculating the extent of damage.
Article 70. Spiritual damage
Spiritual damage is damage to honor, dignity, prestige, reputation, and other
spiritual harms caused to authors, performers, copyright holders, and related rights
holders who, due to infringement of copyright or related rights, suffer damage to
their honor or dignity and decrease in, or loss of, credibility, prestige, or reputation
and trust as being misunderstood, time of suffering loss, the degree of grief,
sadness, and emotional loss, and to the extent that the infringer must apologize,
make public corrections, and compensate for spiritual damage.
Article 71. Property damage
1. Property damage shall be determined based on the degree of reduction or
loss in the monetary value of the protection-eligible subject matter of copyright or
related rights.

 Vietnam Law & Legal Forum 72

 2. The monetary value of the subject matter of copyright or related rights
specified in Clause 1 of this Article shall be determined based on one or all of the
following bases:
a/ The price for transfer of the ownership or the right to use the subject
matter of copyright or related rights;
b/ The value of contribution of capital by copyright and related rights;
c/ The value of copyright and related rights in the total assets of the
enterprise;
d/ The value of investment in research, creation and development to create
works and subject matters of related rights, including costs of investment,
research, technical equipment, physical facilities, marketing, advertising, labor,
tax and other expenses.
3. The determination of the monetary value of the subject matter of copyright
and related rights specified in Clause 1 of this Article shall be carried out by a
price appraisal enterprise in accordance with the law on price appraisal. The price
appraisal results of the price appraisal enterprise shall serve as one of the bases for
competent organizations and individuals to consider and decide on, or approve,
the prices of the assets to be appraised.
Article 72. Decline in incomes and profits
1. Incomes and profits specified at Point a, Clause 1, Article 204 of the Law
on Intellectual Property include:
a/ Incomes and profits obtained from direct or indirect exploitation and use
of the subject matters of copyright and related rights;
b/ Incomes and profits obtained from lease of the subject matters of
copyright or related rights which are original cinematographic works or computer
programs or copies thereof;
c/ Incomes and profits obtained from the licensing of copyright and related
rights;
d/ Incomes and profits obtained from the transfer of ownership of copyright
and related rights.
2. The level of decline in incomes and profits shall be determined on one or
all of the following bases:
a/ Affecting the normal exploitation of a work, performance, phonogram,
video recording or broadcast: comparing the actual number of copies consumed or
supplied before and after the occurrence of the act of infringement; comparing the

 Vietnam Law & Legal Forum 73

frequency of exploiting, using, publicly distributing, broadcasting,
communicating, and accessing the work, performance, phonogram, video
recording or broadcast before and after the occurrence of the act of infringement;
comparing the number of users and subscribers before and after the occurrence of
the act of infringement;
b/ Comparing the actual selling price on the market of the copy before and
after the occurrence of the act of infringement;
c/ Unreasonably causing damage to the lawful interests of the rights holder:
directly comparing revenues from the exploitation and use of the subject matter of
copyright and related rights before and after the occurrence of the act of
infringement, corresponding to each type of income specified in Clause 1 of this
Article.
Article 73. Loss of business opportunities
1. Business opportunities specified at Point a, Clause 1, Article 204 of the
Law on Intellectual Property include:
a/ The possibility of generating profits and increasing brand value through
actual use and direct exploitation of the subject matter of copyright and related
rights in business activities; number of users;
b/ The possibility of generating profits and increasing brand value through
advertising and marketing with the use of the subject matter of copyright and
related rights;
c/ The possibility of generating profits and increasing brand value through
leasing to others the subject matter of copyright or related rights being the original
cinematographic work, computer program, phonogram or video recording or
copies thereof;
d/ The possibility of generating profits and increasing brand value through
the actual transfer of the right to use the subject matter of copyright and related
rights, and the assignment of the subject matter of copyright and related rights to
others;
dd/ Other business opportunities that are lost directly due to acts of infringing
upon copyright or related rights.
2. Loss of business opportunities is damage to the monetary value of the
incomes the aggrieved person could have obtained in case the possibilities
specified in Clause 1 of this Article are realized but in fact did not obtained due to
acts of infringing upon copyright or related rights.

 Vietnam Law & Legal Forum 74

 Article 74. Reasonable expenses to prevent and remedy damage
Reasonable expenses to prevent and remedy damage specified at Point a,
Clause 1, Article 204 of the Law on Intellectual Property include expenses for
custody, preservation, and storage of infringing goods, expenses for implementing
temporary emergency measures, reasonable expenses for hiring lawyers,
reasonable expenses for hiring assessment services, preventing and remedying
acts of infringement, and expenses for notifying and make public corrections in
the mass media relating to acts of infringing upon copyright and related rights.
Section 4
REQUESTS FOR HANDLING OF ACTS OF INFRINGING UPON
COPYRIGHT AND RELATED RIGHTS AND AND SETTLEMENT THEREOF
Article 75. Written requests for handling of acts of infringing upon copyright
and related rights
1. A written request for handling of an act of infringing upon copyright and
related rights must have the following principal contents:
a/ Date of making;
b/ Name and address of the organization or individual requesting the
handling of the infringing act; full name of the representative if the request is
made through a representative;
c/ Name of the request-receiving agency;
d/ Name and address of the organization or individual that commits the
infringing act; name and address of the organization or individual suspected of
having committed the infringing act in case of requesting suspension of customs
procedures for goods suspected of infringing upon copyright or related rights;
dd/ Name and address of the organization or individual with related rights
and interests (if any);
e/ Name and address of the witness (if any);
g/ Brief information on infringed copyright or related rights: rights, grounds
for such rights to arise, and brief information on the rights subject matter;
h/ Brief information on the infringing act: date and place of occurrence of the
infringement, brief description of infringed copyright or related rights subject
matter, and the infringing act; website address and link for the act of infringing
upon copyright and related rights on the telecommunications network environment
and the Internet, and other information (if any).

 Vietnam Law & Legal Forum 75

 i/ The request for application of the measure for handling the infringing act;
k/ A list of documents and evidences attached to the request;
l/ Signature of the requester appended with a seal (if any).
2. Written requests for handling of acts of infringing upon copyright and
related rights must be accompanied with the documents and evidences specified in
Article 76 of this Decree in order to prove such requests.
Article 76. Documents and evidences accompanying written requests for
handling of acts of infringing upon copyright and related rights
1. A requester for handling of an act of infringing upon copyright and related
rights shall send a written request for handling of such act together with the
following documents and evidences to prove its/his/her request:
a/ Evidences proving that it/he/she is the copyright holder or related rights
holder in case the requester is the author, performer, copyright holder, related
rights holder or a rights assignee or person that inherits or takes over copyright or
related rights;
b/ Evidences proving the occurrence of the act of infringing upon copyright
or related rights; evidences proving the suspicion that imported or exported goods
infringe upon copyright or related rights, for written requests for suspension of
customs procedures;
c/ Other documents and evidences.
2. A notarized or authenticated power of attorney is required if the request
for handling of an infringing act is made through an authorized representative or
papers proving the status of the legal representative is required if the request for
handling of an infringing act is made through such legal representative.
Article 77. Evidences proving copyright holders and related rights holders
1. Evidences proving the status of the holder of registered copyright or
related rights shall be one of the following documents:
a/ A copy of the copyright registration certificate or related rights registration
certificate enclosed with the original for collation, except where such copy has
been authenticated;
b/ An extract of the National Register of copyright and related rights or a
copyright certification issued by a competent state agency.
2. Evidences proving the status of the holder of unregistered copyright or
related rights shall be documents, objects and information on grounds giving rise

 Vietnam Law & Legal Forum 76

to copyright or related rights specified in Clauses 1 and 2, Article 6 of the Law on
Intellectual Property, specifically as follows:
a/ The original work, fixation of the performance, phonogram, video
recording, broadcast or encrypted program-carrying satellite signal bearing the
name of the rights holder specified in Article 198a of the Law on Intellectual
Property and Article 59 of this Decree or a copy thereof;
b/ Other documents proving the creation, publication, performance,
distribution, broadcasting or communication of the above subject matter and
accompanying documents and evidences (if any).
3. In case a person requesting handling of an infringing act is the copyright or
related rights assignee or a person who inherits or takes over such rights in
accordance with law, in addition to the documents specified in Clauses 1 and 2 of
this Article, the original or a notarized, authenticated or consularly legalized copy
of the contract on assignment, donation, purchase and sale, capital contribution or
licensing of copyright or related rights or a document determining the right to
inherit or take over such copyright or related rights is required.
Article 78. Evidences proving copyright and related rights infringements
1. The following documents and objects are regarded as evidences proving
infringements:
a/ Original works, performances, phonograms, video recordings and
broadcasts (subject matters eligible for copyright and related rights protection) or
lawful copies thereof;
b/ Relevant documents or objects, photos, phonograms and video recordings
of subject matters under consideration;
c/ Written explanations and comparisons between subject matters under
consideration and subject matters eligible for copyright and related rights
protection;
d/ Minutes, statements, deeds and other documents proving infringements.
2. Documents and objects specified in Clause 1 of this Article must be
included in lists signed by persons requesting handling of infringements.
Article 79. Responsibilities of persons requesting handling of acts of
infringing upon copyright and related rights
Persons requesting handling of acts of infringing upon copyright and related
rights shall guarantee and bear responsibility for the truthfulness of information,
documents and evidences that they provide.

 Vietnam Law & Legal Forum 77

 Article 80. Filing and settlement of written requests for handling of acts of
infringing upon copyright and related rights
1. Written requests for handling of acts of infringing upon copyright and
related rights shall be filed to agencies competent to handle infringing acts
specified in Article 200 of the Law on Intellectual Property (below referred to as
infringing act-handling agencies).
2. After receiving a written request for handling of an infringing act, if
deeming that such written request falls under another agency’s jurisdiction, the
written request-receiving agency shall guide the requester to file such written
request to the competent agency or forward it to the competent agency within 10
days after receiving such written request.
3. In case a written request for handling of an act of infringing upon
copyright and related rights lacks necessary documents, evidences and objects, the
infringing act-handling agency shall request the requester to add necessary
documents, evidences and objects and set a reasonable time limit which must not
exceed 30 days for the latter to add necessary documents, evidences and objects.
4. In the following cases an infringing act-handling agency shall refuse to
settle a written request for handling of an infringing act, clearly stating reasons for
refusal:
a/ Upon the expiration of the time limit specified in Clause 3 of this Article
but the infringing act handling requester still fails to satisfy the requirement of the
infringing act-handling agency on addition of necessary relevant documents,
evidences and objects;
b/ The statute of limitations for handling of the act of infringing upon
copyright and related rights has expired in accordance with law;
c/ Results of the verification by the infringing act-handling agency or public
security agency reveal that there is no infringing act as described in the written
request;
d/ The competent agency issues a document on the lack of grounds for the
handling of the infringing act.
5. In case there is a dispute over or a complaint about the rights holder, the
subject matter eligible for protection, scope and term of copyright and related
rights protection, the agency that received a written request for handling of an act
of infringing upon copyright or related rights shall guide the requester in carrying
out procedures for requesting the settlement of such dispute or complaint at a
competent agency within 10 days after the occurrence of the dispute.

 Vietnam Law & Legal Forum 78

 Section 5
HANDLING OF COPYRIGHT AND RELATED RIGHTS INFRINGEMENTS
Article 81. Determination of value of copyright- and related rights-infringing
goods
1. Copyright- and related rights-infringing goods are defined as follows:
a/ An infringing good is a segment or detail (below referred to as part) of a
product that contains an element of infringement and can be circulated as an
independent product;
b/ An infringing good is the whole product containing an element of
infringement in case such element of infringement cannot be separated as part of
such product to be independently circulated under Point a of this Clause.
2. The value of copyright- and related rights-infringing goods shall be
determined by infringing act-handling agencies upon the occurrence of infringing
acts and based on the following order of priority:
a/ Listed prices of infringing goods;
b/ Actual sale prices of infringing goods;
c/ Costs of infringing goods in case they are not put into circulation;
d/ Import prices of infringing goods.
3. The value of copyright- and related rights-infringing goods shall be
calculated for parts (segments or details) of infringing products specified at Point
a, Clause 1 of this Article or the value of the whole infringing products specified
at Point b, Clause 1 of this Article.
4. In case the application of the grounds specified in Clause 2 of this Article
is no longer appropriate or the infringing act-handling agency and the financial
agency at the same level fail to reach consensus on determination of the value of
infringing goods, the valuation shall be decided by a valuation council.The
establishment, composition and working principles of valuation councils must
comply with the civil procedure law, criminal procedure law and law on handling
of administrative violations.
Article 82. Handling of copyright- and related rights-infringing goods
1. Regarding pirated goods, and raw materials, materials and means used
mainly for the production or trading of such goods, infringement-handling
agencies shall apply one of the following measures:

 Vietnam Law & Legal Forum 79

 a/ Distributing them or putting them into use for non-commercial purposes
under Article 83 of this Decree;
b/ Destroying them under Article 84 of this Decree;
c/ Compelling the removal of elements of infringement and applying the
appropriate measures specified in Clause 4 of this Article on a case-by-case basis.
2. Regarding infringing goods that are not pirated goods, and raw materials,
materials and means used mainly for the production or trading thereof,
infringement-handling agencies shall apply the measure of compeling goods
owners, carriers, stockpiling persons to remove element of infringements from
such goods and apply appropriate measures specified in Clause 4 of this Article.
3. Raw materials, materials and means that have the sole function of creating
or commercially exploiting pirated or infringing goods or are actually used solely
for that purpose shall be regarded as raw materials, materials and means used
mainly for the production or trading of pirated or infringing goods.
4. On a case-by-case basis, infringement-handling agencies shall decide to
apply the measures specified at Points a and b, Clause 1 of this Article or at the
request of rights holders, compel infringing goods manufacturers to recall
infringing goods that have been put into their distribution channels before
applying the measures specified at Points a and b, Clause 1 of this Article or other
measures that are deemed appropriate. In the course of making decisions on
handling of infringing acts, infringement-handling agencies may consider requests
of concerned parties regarding the handling of infringing acts.
Article 83. Forcible distribution or use for non-commercial purposes
1. Forcible distribution or use for non-commercial purposes of pirated or
infringing goods must satisfy the following conditions:
a/ Goods are of utility value and not harmful to human health, domestic
animals, plants and the environment, and other than cultural products with harmful
contents;
b/ Elements of infringement have been removed from the goods;
c/ The distribution or use neither for profit-making purposes nor
unreasonably affects the normal exploitation of the rights of copyright holders and
related rights holders prioritizes humanitarian or charitable purposes or serves
public interests;
d/ Persons who are distributed or receive such goods for use are not potential
customers of copyright holders and related rights holders.

 Vietnam Law & Legal Forum 80

 2. Clause 1 of this Article also applies to raw materials, materials and means
used mainly for the production or trading of pirated or infringing goods.
Article 84. Forcible destruction
The measure of forcible destruction of pirated or infringing goods, raw
materials, materials and means used mainly for the production or trading of such
goods shall be applied in case the conditions for the application of the measure of
forcible distribution or use for non-commercial purposes specified in Article 83 of
this Decree are not fully satisfied.
Article 85. Confiscation
The measure of confiscation of pirated goods, raw materials, materials and
means used mainly for the production or trading of such goods must comply with
the law on handling of administrative violations.
Section 6
CONTROL OF COPYRIGHT- AND RELATED RIGHTS-RELATED
IMPORTED GOODS AND EXPORTED GOODS
Article 86. The right to request the control of copyright- and related rights-
related imported or exported goods
Copyright holders and related rights holders may submit directly or through
their legal representatives or authorized representatives written requests for
inspection and supervision to detect imported goods and exported goods showing
signs of copyright and related rights infringement or written requests for
suspension of customs procedures for imported goods and exported goods
suspected of infringing upon copyright or related rights.
Article 87. Customs offices competent to receive written requests
Competent customs offices shall receive written requests for inspection and
supervision or suspension of customs procedures under Clause 1, Article 75 of the
Customs Law.
Article 88. Procedures for processing written requests
1. Within 20 days after receiving a written request for inspection and
supervision of imported goods or exported goods and the documents specified in
Clause 2, Article 74 of the Customs Law, or within 2 working hours after
receiving a written request for suspension of customs procedures and the
documents specified in Clause 3, Article 74 of the Customs Law, a customs office
shall consider and issue a notice of acceptance of the written request if the
requester has fulfilled the obligations specified at Points a, b and c, Clause 1 and

 Vietnam Law & Legal Forum 81

Clause 2, Article 217 of the Law on Intellectual Property. In case of refusal to
accept the written request, the customs office shall issue a written reply, clearly
stating the reason.
2. Based on the General Department of Customs’ notice of acceptance of a
written request for inspection and supervision of imported goods or exported
goods, a provincial-level Customs Department and the Anti-Smuggling
Investigation Departments shall look up data on the system to organize the
inspection and supervision in the locality under their management.
3. Customs Branches shall carry out inspection and supervision to detect
goods showing signs of infringing upon copyright and related rights or issue
decisions on suspension of customs procedures based on written requests for
suspension of customs procedures or take the initiative in suspending customs
procedures under Article 89 of this Decree.
Article 89. Competence, order and procedures for taking the initiative in
suspending customs procedures
1. In the course of inspection, supervision and control, if detecting clear
grounds to believe that imported goods or exported goods are pirated goods,
Customs Branches shall take the initiative in suspending customs procedures for
such goods.
2. Customs Branches shall issue decisions on suspension of customs
procedures and immediately notify such to copyright holders and related rights
holders if they have contact information and to importers or exporters.
3. The period of suspension of customs procedures is 10 working days after
Customs Branches issue decisions on suspension of customs procedures.
4. During the suspension of customs procedures, Customs Branches that have
issued decisions on suspension of customs procedures shall:
a/ Request importers or exporters or copyright holders and related rights
holders (if contact information is available) to provide goods-related documents
(such as catalogs, assessment conclusions, overseas documents and results of the
handling of similar cases);
b/ Take samples or permit organizations and individuals to take samples for
assessment, additional assessment or re-assessment at specialized customs
organizations or other assessment organizations under regulations (when
necessary);
c/ Coordinate and discuss with the specialized state management agency in
charge of copyright and related rights of the Ministry of Culture, Sports and

 Vietnam Law & Legal Forum 82

Tourism about rights holders, protectability, scope of rights protection, and the
competence to handle acts of infringing upon copyright and related rights (when
necessary);
d/ Report to provincial-level Customs Departments and the General
Department of Customs for directing the prompt settlement of complicated cases.
5. The expiration of the period of suspension of customs procedures:
a/ In case a customs office identifies suspended goods as pirated goods and
an act of infringing upon copyright and related rights as falling under its handling
competence, it shall handle such act as an administrative violation in accordance
with law. In case such act is determined as falling beyond its handling
competence, it shall hand over such case to another enforcement agency to handle;
b/ In case of initiation of a civil lawsuit, a customs office shall abide by the
court’s ruling;
c/ In case an act of infringing upon copyright and related rights is determined
as showing signs of a crime in accordance with the Penal Code, a customs office
shall transfer it to a competent agency for investigation and prosecution in
accordance with law;
d/ In case a customs office identifies a suspended goods as not a pirated
goods, it shall continue carrying out customs procedures for the goods lot and
notify thereof to the concerned parties.
6. In case a customs office takes the initiative in suspending customs
procedures in contravention of regulations, thus causing damage to a goods owner,
it shall pay compensation and arising expenses to the goods owner in accordance
with law
Article 90. Handling of goods showing signs of copyright and related rights
infringement
1. In case of detecting goods showing signs of infringement or at the request
of a copyright holder or related rights holder or exercising the competence to
sanction administrative violations, a customs office shall issue a decision on
suspension of customs procedures, and notify the copyright holder or related
rights holder and goods lot owner of the suspension of customs procedures for
such goods lot, clearly stating names, addresses, fax and telephone numbers of
concerned parties, reasons for and period of suspension of customs procedures.
2. Customs offices shall continue carrying out customs procedures for goods
lots suspended from customs procedures under Clause 3, Article 218 of the Law
on Intellectual Property and in the following cases:

 Vietnam Law & Legal Forum 83

 a/ Decisions on suspension of customs procedures are terminated or revoked
under decisions on settlement of complaints and denunciations;
b/ Requesters withdraw their written requests for suspension of customs
procedures.
Article 91. Procedures for control of copyright- and related rights-related
imported goods and exported goods
Procedures for control of copyright- and related rights-related imported
goods and exported goods must comply with this Decree and the customs law.

Chapter VI
PROTECTION OF COPYRIGHT AND RELATED RIGHTS
Section 7
ASSESSMENT OF COPYRIGHT AND RELATED RIGHTS
Article 92. Assessment of copyright and related rights
1. Assessment of copyright and related rights means competent
organizations’ and individuals’ use of their professional knowledge and expertise
to assess and make conclusions on matters related to copyright and related rights
at the request of assessment requesters.
2. Assessment of copyright and related rights must:
a/ Identify bases giving rise to copyright and related rights under Article 65
of this Decree;
b/ Identify whether or not the subject matter under consideration can be
considered constituting elements of copyright and related rights infringement as
prescribed in Clause 2, Article 64 and Articles 66 and 67 of this Decree;
c/ Identify whether or not the subject matter under consideration is identical,
equivalent, or similar to, mistaken for, or hardly distinguishable or reproduced
from, a subject matter eligible for copyright and related rights protection;
d/ Identify the value of copyright and related rights and value of damage in
accordance with the law on price.
3. Principles of assessment of copyright and related rights must comply with
Clause 4, Article 201 of the Law on Intellectual Property.
Article 93. Copyright and related rights assessors

 Vietnam Law & Legal Forum 84

 1. A copyright and related rights assessor is an individual who has sufficient
knowledge and expertise to assess and make conclusions on matters related to
contents to be assessed, fully satisfies the conditions specified in Clause 3, Article
201 of the Law on Intellectual Property, and is recognized and granted a copyright
and related rights assessor card (below referred to as assessor card) by a
competent state agency.
2. Copyright and related rights assessors have the following rights:
a/ To refuse to perform the assessment in case relevant documents are
insufficient or invalid for making assessment conclusions;
b/ To refuse to receive specimens in case such specimens are likely to cause
harm to their health or too bulky while storage facilities are insufficient;
c/ To use appraisal results or expert conclusions or opinions to serve the
assessment;
d/ To request individuals and organizations to provide information and
documents relating to assessment objects for performance of the assessment,
unless otherwise provided by law, for independent copyright and related rights
assessors;
dd/ To exercise other rights in accordance with law.
3. Copyright and related rights assessors have the following obligations:
a/ To perform the assessment in adherence to the principles specified in
Clause 4, Article 201 of the Law on Intellectual Property;
b/ To formulate assessment dossiers; to explain assessment conclusions when
requested;
c/ To preserve and retain documents and specimens related to assessment
cases in accordance with law;
d/ To make independent assessment conclusions and be held responsible for
their assessment conclusions; to compensate in case of intentionally making false
assessment conclusions, causing damage to related organizations and individuals;
dd/ To refuse to perform assessment if having rights and interests related to
assessment objects or cases, when there are other reasons that are likely to affect
the objectivity of the assessment conclusions, or in case of being obliged to refuse
to perform assessment under the provisions of another law;
e/ To keep confidential information and documents as requested by
assessment requesters and compensate if disclosing confidential information,
causing damage to related organizations and individuals;

 Vietnam Law & Legal Forum 85

 g/ To be held responsible before law if abusing the capacity of assessor and
assessment activities for self-seeking purposes or intentionally making false
assessment conclusions;
h/ To comply with regulations on the order and procedures for assessment;
i/ To make biannual and annual reports on assessment activities according to
regulations and send them to the specialized state management agency in charge
of copyright and related rights of the Ministry of Culture, Sports and Tourism.
k/ To perform other obligations in accordance with law.
Article 94. Forms of professional practice of copyright and related rights
assessors
1. A copyright and related rights assessor may practice either under the name
a copyright and related rights assessment organization or as an independent
assessor.
2. Assessors’ forms of professional practice shall be stated in decisions on
grant or re-grant of assessor cards, and the list of copyright and related rights
assessors specified in Clause 6, Article 98 of this Decree.
3. Information on assessors practicing under the name of a copyright and
related rights assessment organization shall be stated in the decision on grant or
re-grant of the certificate of copyright and related rights assessment organization
and the list of assessors of the organization specified in Clause 6, Article 99 of this
Decree.
Article 95. Copyright and related rights assessment organizations
1. A copyright and related rights assessment organization is an organization
satisfying the conditions specified in Clauses 2 and 2a, Article 201 of the Law on
Intellectual Property and relevant laws and granted a certificate of copyright and
related rights assessment organization (below referred to as certificate of
assessment organization).
2. A copyright and related rights assessment organization has the following
rights:
a/ To hire copyright and related rights assessors to perform assessment on a
case-by-case basis;
b/ To request organizations and individuals to provide information and
materials related to assessment objects to perform the assessment, unless
otherwise provided by law;
c/ To exercise other rights in accordance with law.

 Vietnam Law & Legal Forum 86

 3. A copyright and related rights assessment organization has the following
obligations:
a/ To operate in the fields of assessment as stated in its business registration
certificate or operation registration certificate and certificate of assessment
organization;
b/ To perform the assessment in adherence to the principles specified in
Clause 4, Article 201 of the Law on Intellectual Property;
c/ To preserve and retain documents and dossiers relating to assessment
cases;
d/ To keep confidential information and documents as requested by
assessment requesters and compensate if disclosing confidential information,
causing damage to related organizations and individuals;
dd/ To refuse to accept assessment cases and perform assessment in case of
being obliged to refuse to perform the assessment under the provisions of another
law;
e/ To make biannual and annual reports on assessment activities according to
regulations and send them to the specialized state management agency in charge
of copyright and related rights of the Ministry of Culture, Sports and Tourism.
g/ To perform other obligations in accordance with law.
Article 96. Competence to grant, re-grant and revoke assessor cards and
certificates of assessment organization
The specialized state management agency in charge of copyright and related
rights of the Ministry of Culture, Sports and Tourism is competent to grant, re-
grant and revoke assessor cards; and grant, re-grant and revoke certificates of
assessment organization.
Article 97. Copyright and related rights assessment expertise testing
1. An individual who applies for an assessor card but has yet to obtain a
copyright and related rights assessment expertise test pass certificate specified in
Article 98 of this Decree shall hand-deliver or send by post 1 set of dossier of
registration for assessment expertise testing to the office of the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism. Such a dossier must comprise:
a/ A registration form for copyright and related rights assessment expertise
testing (made according to Form No. 09 provided in Appendix III to this Decree);

 Vietnam Law & Legal Forum 87

 b/ A certified copy or a copy from the register of the applicant’s graduate or
postgraduate diploma;
c/ A letter of certification of the applicant’s actual process of professional
practice in assessment-related fields, which must be at least 5 consecutive years,
or 15 consecutive years, for those entitled to exemption from assessment expertise
testing specified in Clause 5 of this Article, issued by the applicant’s employer.
d/ Two 3cm x 4cm color portrait photos;
dd/ A letter of request for exemption from assessment expertise testing, for
those entitled to exemption from assessment expertise testing under Clause 5 of
this Decree.
2. Within 20 days after receiving a complete and valid dossier, the
specialized state management agency in charge of copyright and related rights of
the Ministry of Culture, Sports and Tourism shall notify the acceptance of the
dossier and establish an Assessment Expertise Testing Council. In case of refusal,
it shall reply in wiring, clearly stating the reason.
3. Assessment Expertise Testing Council
a/ The Minister of Culture, Sports and Tourism shall issue a decision on
establishment of the Assessment Expertise Testing Council (below referred to as
the Testing Council) based on the proposal of the specialized state management
agency in charge of copyright and related rights of the Ministry of Culture, Sports
and Tourism.
b/ The Testing Council has a chairperson and members. The total number of
members of the Council must be an odd number and at least 5. The chairperson of
the Testing
Council is the head of the specialized state management agency in charge of
copyright and related rights of the Ministry of Culture, Sports and Tourism;
members of the Testing Council are experienced and prestigious experts in the
field of copyright and related rights.
4. Contents of assessment expertise testing
An assessment expertise test must cover legal knowledge and specialized
knowledge of assessment of copyright and related rights.
5. Subjects eligible for exemption from assessment expertise testing
Those who have at least 15 consecutive years’ experience in compiling and
guiding the implementation of legal documents on copyright and related rights; or
inspecting and settling disputes over, and complaints and denunciations about,

 Vietnam Law & Legal Forum 88

copyright and related rights in the specialized state management agency in charge
of copyright and related rights of the Ministry of Culture, Sports and Tourism
shall be exempt from assessment expertise testing.
6. Announcement of assessment expertise test results
Assessment expertise test results shall be announced on the website of the
specialized state management agency in charge of copyright and related rights of
the Ministry of Culture, Sports and Tourism. Within 30 days after an assessment
expertise test is organized, the specialized state management agency in charge of
copyright and related rights of the Ministry of Culture, Sports and Tourism shall
issue test result certificates to those who pass the test.
Article 98. Procedures for grant, re-grant and revocation of assessor cards
1. Individuals who satisfy the conditions specified in Clause 3, Article 201 of
the Law on Intellectual Property and apply for assessor cards shall hand-deliver or
send by post 1 set of dossier of application for copyright and related rights
assessor cards to the specialized state management agency in charge of copyright
and related rights of the Ministry of Culture, Sports and Tourism. Such a dossier
must comprise:
a/ An application for a copyright and related rights assessor card (made
according to Form No. 10 provided in Appendix III to this Decree);
b/ An original or a certified copy of the assessment expertise test pass
certificate or the Testing Council’s letter of approval of exemption from
assessment expertise testing;
c/ Two 3cm x 4cm color portrait photos.
2. Within 20 days after receiving a complete and valid dossier, the
specialized state management agency in charge of copyright and related rights of
the Ministry of Culture, Sports and Tourism shall issue a decision on grant of an
assessor card. In case of refusal, it shall reply in writing, clearly stating the reason.
Copyright and related rights assessor cards shall be made according to Form No.
11 provided in Appendix III to this Decree.
3. Validity of assessor cards: An assessor card shall be valid from the date it
is granted.
4. Re-grant of assessor cards:
a/ An assessor card shall be re-granted only in case it is lost or damaged or
the information stated therein is changed.

 Vietnam Law & Legal Forum 89

 b/ An assessor requesting the re-grant of his/her assessor card shall hand-
deliver or send by post a request for re-grant of a copyright and related rights
assessor card (made according to Form No. 10 provided in Appendix III to this
Decree) and the documents specified at Points a and c, Clause 1 of this Article to
the office of the specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism. In case of requesting
re-grant of a damaged card, the damaged card must be returned;
c/ The time limit for re-grant of an assessor card is 20 days after a valid
dossier is received.
5. An assessor card shall be revoked in the following cases:
a/ The holder of the assessor card no longer satisfies the conditions specified
in Article 93 of this decree;
b/ The holder of the assessor card commits law violations while performing
assessment and is subject to revocation of the assessor card at the request of a
competent state agency in accordance with law;
c/ There are evidences that the assessor card is granted in contravention of
law.
6. The specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism shall, based on
decisions on grant, re-grant and revocation of copyright and related rights assessor
cards, make a list of copyright and related rights assessors and publish such list on
its website.
Article 99. Procedures for grant, re-grant and revocation of certificates of
assessment organizations
1. An organization that satisfies the conditions specified in Clauses 2 and 2a,
Article 201 of the Law on Intellectual Property and relevant laws and applies for a
certificate of assessment organization shall hand-deliver or send by post 1 set of
dossier of application for a certificate to the specialized state management agency
in charge of copyright and related rights of the Ministry of Culture, Sports and
Tourism. Such a dossier must comprise:
a/ An application for a certificate of copyright and related rights assessment
organization (made according to Form No. 12 provided in Appendix III to this
Decree);
b/ A certified copy or a copy from the register of the applicant’s operation
registration certificate or establishment decision granted by the competent state
agency;

 Vietnam Law & Legal Forum 90

 c/ Certified copies or copies from the register of recruitment decisions or
labor contracts or employment contracts between the assessment organization and
assessors working for the organization.
2. Within 20 days after receiving a complete and valid dossier, the
specialized state management agency in charge of copyright and related rights of
the Ministry of Culture, Sports and Tourism shall issue a decision on grant of a
certificate of assessment organization. In case of refusal, it shall notify in writing,
clearly stating the reason. Certificates of copyright and related rights assessment
organization shall be made according to Form No. 13 provided in Appendix III to
this Decree.
3. Validity of certificates of assessment organizations: A certificate of
assessment organization is valid from the date it is granted.
4. Re-grant of certificates of assessment organization
a/ A certificate of assessment organization shall be re-granted only when it is
lost or damaged or the information stated therein is changed;
b/ An assessment organization requesting the re-grant of its certificate of
assessment organization shall hand-deliver or send by post a request for re-grant
of the certificate to the office of the specialized state management agency in
charge of copyright and related rights of the Ministry of Culture, Sports and
Tourism.
The request for re-grant of the certificate of copyright and related rights
assessment organization shall be made according to Form No. 12 provided in
Appendix III to this Decree.
Certified copies or copies from the register of recruitment decisions or labor
contracts or employment contracts between the assessment organization and
assessors working for the organization (in case there is a change in the contents
stated in the granted certificate).
In case of requesting re-grant of a damaged certificate, the damaged
certificate shall be returned. In case of requesting re-grant of a certificate due of
change in information stated therein, the requester must have lawful document
proving such change and return the granted certificate;
c/ The time limit for re-grant of a certificate of assessment organization is 20
days after the complete and valid dossier is received.
5. A certificate of assessment organization shall be revoked in one of the
following cases:

 Vietnam Law & Legal Forum 91

 a/ The assessment organization no longer satisfies the conditions specified in
Article 95 of this Decree;
b/ The assessment organization commits law violations in assessment
operations and is subject to revocation of the certificate of assessment
organization at the request of a competent state agency in accordance with law;
c/ There are evidences that the certificate of assessment organization is
granted in contravention of law;
d/ The assessment organization terminates its assessment operations.
6. The specialized state management agency in charge of copyright and
related rights of the Ministry of Culture, Sports and Tourism shall, based on
decisions on grant, re-grant and revocation of certificates of assessment
organization, make and update the list of assessment organizations and publish the
list on its website.
Article 100. Request for assessment of copyright and related rights
1. Organizations and individuals having the right to request copyright and
related rights assessment include:
a/ Holders of copyright and related rights;
b/ Organizations and individuals that are the objects of requests for handling
of acts of infringing upon copyright and related rights or complains or
denunciations about copyright and related rights;
c/ Other organizations and individuals involved in disputes over,
infringements upon, or complaints and denunciations about, copyright and related
rights.
2. Organizations and individuals having the right to request assessment
specified in Clause 1 of this Article may request by themselves, or authorize other
organizations and individuals to request assessment organizations or assessors to
perform the assessment.
3. A copyright and related rights assessment requester has the following
rights:
a/ To request an assessment organization or assessor to make an assessment
conclusion according to the requested contents within the specified time limit;
b/ To request an assessment organization or assessor to explain about the
assessment conclusion;

 Vietnam Law & Legal Forum 92

 c/ To request additional assessment or re-assessment under Article 106 of
this Decree;
d/ To reach an agreement on assessment expenses.
4. A copyright and related rights assessment requester has the following
obligations:
a/ To sufficiently and truthfully provide documents, evidences and
information relating to the assessment object at the request of the assessment
organization or assessor;
b/ To clearly and specifically present issues falling within the to-be-assessed
contents;
c/ To pay assessment expenses as agreed upon; to make advance payment of
assessment expenses when requested by the assessment organization or assessor;
d/ To receive back the assessment object when requested by the assessment
organization or assessor.
Article 101. Receipt of requests for assessment of copyright and related
rights
1. Copyright and related rights assessment requesters shall submit 1 set of
dossier of request for assessment to independent assessors or assessment
organizations. Such a dossier must comprise:
a/ A written request for assessment, covering the following contents:
The requester’s name and address;
The serial number, date of issuance and place of issuance of the people’s
identity card or citizen identity card, for individual requesters, or establishment
decision or operation registration certificate, for institutional requesters;
The requester’s phone number and email address;
Capacity for requesting the assessment (author; copyright holder; related
rights holder; person with related rights and interests; others);
Bases for requesting the assessment;
Object(s) and content(s) requested for assessment;
Other related contents.
b/ Accompanying documents, including:
Assessment specimen(s);

 Vietnam Law & Legal Forum 93

 Documents proving the author, copyright holder, related rights holder, work
and subject matters of related rights;
Other related documents.
2. Independent assessors or assessment organizations shall receive dossiers
of request for assessment, estimate assessment expenses, negotiate and sign
assessment contracts with assessment requesters, unless they refuse to perform the
assessment under Clause 3 of this Article.
3. Independent assessors or assessment organizations shall refuse to perform
assessment in one of the following cases:
a/ The assessment content is not specified in Clause 2, Article 92 of this
Decree;
b/ The assessment falls into the cases specified at Point a, Clause 2, and Point
dd, Clause 3, Article 93 of this Decree.
Article 102. Copyright and related rights assessment service contracts
1. A request for assessment must be made in the form of an assessment
service contract between the assessment requester and the assessment organization
or assessor.
2. An assessment service contract must contain the following principal
contents:
a/ Name and address of the assessment requester; name and address of the
independent assessor or assessment organization;
b/ Object(s) and contents of the assessment request;
c/ Place and time of performance of assessment;
d/ Assessment expenses and mode of payment;
dd/ Rights and obligations of the parties;
e/ Acceptance and liquidation of the contract;
g/ Responsibility for damage compensation; mode of dispute settlement;
h/ Other conditions as agreed (if any).
Article 103. Delivery, receipt and return of objects of copyright and related
rights assessment
In case the assessment request is enclosed with an assessment object, the
delivery, receipt and return of the assessment object must be recorded in a minutes
with the following principal contents:

 Vietnam Law & Legal Forum 94

 1. Time and place of delivery, receipt and return of the assessment object;
2. Names and addresses of the deliverer and recipient of the assessment
object or of their representatives;
3. Name of the assessment object; related documents or items.
4. Conditions and method of preservation of the assessment object upon
delivery, receipt and return.
5. Signatures of the deliverer and recipient of the assessment object.
Article 104. Taking of samples for assessment of copyright and related rights
1. The assessment organization or assessor may directly take samples for
assessment (particular exhibits that are elements of infringement or protected
subject matters of copyright and related rights) or request the assessment requester
to supply samples for assessment. The taking of samples for assessment must be
recorded in a minutes to the witness of the involved parties who shall sign the
minutes for certification.
2. The delivery, receipt and return of assessment samples must comply with
Article 103 of this Decree.
Article 105. Performance of assessment of copyright and related rights
1. Assessment of copyright and related rights may be performed by one or
more than one copyright and related rights assessor. Individual assessment means
assessment performed by one assessor. Collective assessment means assessment
performed by 2 or more assessors.
2. In case of individual assessment, the assessor shall perform the whole of
the assessment and take responsibility for his/her assessment conclusions. In case
of collective assessment of issues in the same area of expertise, the assessors shall
jointly perform the assessment, sign the assessment conclusion document and
jointly take responsibility for assessment conclusions; if the assessors hold
divergent opinions, each assessor shall write his/her own opinion in the
assessment conclusion document and be held responsible for his/her opinion. In
case of collective assessment of issues in different areas of expertise, each
assessor shall perform his/her job and be held responsible for his/her assessment
conclusion.
Article 106. Additional assessment, re-assessment
1. Additional assessment shall be performed when the assessment conclusion
is insufficient or unclear regarding the contents that need to be assessed or when
new circumstances arise and need to be clarified. The request for additional

 Vietnam Law & Legal Forum 95

assessment and the performance of additional assessment must comply with the
regulations applicable to first-time assessment.
2. Re-assessment shall be performed when the assessment requester
disagrees with the assessment result or upon occurrence of contradictory
assessment conclusions on the same assessed issue. Re-assessment may be
performed by the assessment organization or assessor that has performed the
previous assessment or by another assessment organization or assessor as
requested by the assessment requester.
3. In case there is a divergence among assessment conclusions or between
assessment conclusions and expert opinions of the specialized state management
agency in charge of copyright and related rights of the Ministry of Culture, Sports
and Tourism on the same assessed issue, the assessment requester may continue
requesting another assessment organization or assessor to perform re-assessment.
Article 107. Advisory council for assessment of copyright and related rights
1. When performing assessment of copyright and related rights, independent
assessors and assessment organizations may establish advisory councils for
assessment of copyright and related rights.
2. Independent assessors and assessment organizations shall select council
members working in the fields related to the assessment major and issue decisions
to establish advisory councils for assessment of copyright and related rights.
An advisory council for assessment of copyright and related rights has a
chairperson and members. The total number of members of the advisory council
for assessment of copyright and related rights must be an odd number and at least
3.
3. The advisory council for assessment of copyright and related rights shall
operate on the principle of democracy and public voting on professional issues.
Members of the advisory council for assessment of copyright and related rights
shall collectively discuss professional issues, and their opinions must be recorded
in the minutes of meetings of the advisory council for copyright and related rights.
4. The whole process of assessment consultancy of the advisory council for
assessment of copyright and related rights must be recorded in a working minutes
signed by the chairperson and council members. The working minutes of the
advisory council for assessment of copyright and related rights must be recorded
in a prompt, complete and truthful manner and archived in the assessment dossier.
Article 108. Conclusions on assessment of copyright and related rights

 Vietnam Law & Legal Forum 96

 1. Assessment conclusions specified in Clause 5, Article 201 of the Law on
Intellectual Property must be made in writing.
2. An assessment conclusion document must contain the following principal
contents:
a/ Name and address of the assessment organization or assessor;
b/ Name and address of the assessment requester;
c/ Object, contents and scope of assessment;
d/ Mode of assessment;
dd/ Assessment conclusions;
e/ Time and place of performance and completion of the assessment.
3. At the time agreed in the assessment contract, the independent assessor or
the assessment organization must make an assessment conclusion document and
send it to the assessment requester. The independent assessor and the at-law
representative of the assessment organization shall sign and affix a seal into the
assessment conclusion document and take responsibility for the assessment
conclusion.
4. In cases of necessity to have more time to perform the assessment, the
independent assessor or assessment organization shall promptly notify such in
writing to the assessment requester.
Article 109. Expenses for assessment of copyright and related rights
1. Expenses for assessment of copyright and related rights according to
service requests shall be agreed upon by the parties and include several or all of
the following expenses:
a/ Experimental expenses;
b/ Expenses for machinery and equipment for assessment;
c/ Expenses for studying documents;
d/ Expenses for organization of discussions to collect comments and
judgments;
dd/ Management expenses and other necessary expenses.
2. The collection, management and use of expenses for assessment must
comply with law.

 Vietnam Law & Legal Forum 97

 Section 8
INTERMEDIARY SERVICE PROVIDERS
Article 110. Intermediary service providers
1. Intermediary service providers specified in Article 198b of the Law on
Intellectual Property are domestic and foreign enterprises providing one, several
or all of the following services:
a/ Transmission service, which is the service of transmitting in the
telecommunications network environment and the Internet digital contents
provided by service users or providing access to the telecommunications network
environment and the Internet;
b/ Buffer storage service, which is the service of transmitting in the
telecommunications network environment and the Internet digital contents
provided by service users with automatic storage, in-transit storage and temporary
storage of such digital contents. The automatic storage, in-transit storage and
temporary storage shall be carried out with the sole purpose of transmitting such
digital contents more efficiently to other service users at their request;
c/ On-demand storage of digital contents, which is a service for service users
to store digital contents they provide at their request.
2. Intermediary service providers include:
a/ Telecommunications enterprises providing the Internet access service and
Internet connection service;
b/ Telecommunications enterprises providing the private leased channel
service in case the private leased channel is not used to provide the services
specified at Points c and d of this Clause;
c/ Enterprises leasing out server location or leasing private servers in case the
servers are not used to provide the service specified at Point d of this Clause;
d/ Enterprises leasing out space for on-demand storage of digital contents;
dd/ Enterprises providing social networking services;
e/ Enterprises providing digital content search services;
g/ Other enterprises providing one, several or all of the services with similar
functions specified in Clause 1, Article 198b of the Law on Intellectual Property
and Clause 1 of this Article.

 Vietnam Law & Legal Forum 98

 Article 111. Responsibilities of intermediary service providers in protection
of copyright and related rights in the telecommunications network environment
and the Internet
1. An intermediary service provider specified at Point c, Clause 1, Article
110 of this Decree shall develop tools for receipt of requests for removal or
blocking of access to digital contents infringing copyright and related rights. A
request-receiving tool may be:
a/ A computer program;
b/ A website;
c/ An email box;
d/ A portal;
dd/ Another request-receiving tool with similar functions.
The confirmation of successful submission of a request via a request-
receiving tool means that the intermediary service provider has received the
request.
2. An intermediary service provider shall notify its contact information for
matters concerning copyright and related rights to the specialized state
management agency in charge of copyright and related rights of the Ministry of
Culture, Sports and Tourism, and publicize such information on its website. The
contact information must at least include its email address and contact phone
number.
3. An intermediary service provider shall provide service users with warning
about their legal liability in case of infringing upon copyright and related rights,
and verify information when users register digital accounts; keep confidential user
information and account information; provide user information when receiving
written requests from competent state management agencies to serve the
verification and handling of violations of the law on copyright and related rights.
4. Intermediary service providers specified at Point c, Clause 1, Article 110
of this Decree shall remove or block access to digital contents when detecting that
such digital contents infringe upon copyright and related rights as specified in
Articles 113 and 114 of this Decree.
The intermediary service providers shall, when implementing the regulations
at Points a and b, Clause 1, Article 114 of this Decree, publicize the internal
process of processing requests for removal or blocking of access to digital
contents infringing copyright and related rights or requests for objecting the

 Vietnam Law & Legal Forum 99

temporary removal or blocking of access to digital contents on their service
systems.
5. Intermediary service providers shall comply with the inspection and
examination by competent state management agencies in accordance with the law
on copyright and related rights.
6. In case intermediary service providers exploit and use digital contents
eligible for copyright and related rights protection which are posted by service
users in the telecommunications network environment and the Internet for
commercial purposes, they must ask for permission and pay royalties as specified
in Clause 2, Article 20; Clause 4, Article 29; Clause 2, Article 30; or Clause 2,
Article 31, of the Law on Intellectual Property.
Article 112. Legal liability of intermediary service providers for acts of
infringing upon copyright and related rights
1. In case intermediary service providers fail to implement or improperly
implement regulations for being exempted from legal liability as specified in
Clause 3, Article 198b of the Law on Intellectual Property and Articles 113 and
114 of this Decree, they shall take joint responsibility for compensating for
damage caused by service users’ acts of infringing upon copyright and related
rights.
2. Intermediary service providers directly committing acts of infringing upon
copyright and related rights specified in Articles 28 and 35 of the Law on
Intellectual Property shall bear corresponding legal liability in accordance with
law.
Article 113. Process for removing or blocking access to digital contents by
intermediary service providers when receiving requests from competent state
agencies
1. In order to be exempted from legal liability as specified at Point c, Clause
3, Article 198b of the Law on Intellectual Property, the intermediary service
provider specified at Point c, Clause 1, Article 110 of this Decree must remove or
block access to digital contents infringing upon copyright and related rights within
24 hours after receiving a written request from a state agency competent to handle
acts of infringing upon copyright and related rights specified in Article 200 of the
Law on Intellectual Property or the specialized state management agency in
charge of copyright and related rights of the Ministry of Culture, Sports and
Tourism and, at the same time, notify the party whose digital contents are
removed or blocked, and report results to the requesting agency and the
specialized state management agency in charge of copyright and related rights of

 Vietnam Law & Legal Forum 100

the Ministry of Industry and Culture, Sports and Tourism within 24 hours after
processing the request.
The notification and reporting specified in this Clause must be carried out by
sending paper documents or emails or in other similar forms.
2. In case the party whose digital contents are removed or blocked or the
intermediary service provider opposes the request for removal or blocking of
infringing digital contents, it/he/she may proceed with the procedures for filing
complaints or denunciations about, and initiating lawsuits against, the competent
state agency’s decision in accordance with law.
3. The request for removal or blocking of access to digital contents infringing
upon copyright and related rights as specified in Clause 1 of this Article shall
serve as the proof that the intermediary service provider knows about digital
contents infringing upon copyright and related rights.
Article 114. Process for removing or blocking access to digital contents by
intermediary service providers when receiving requests from copyright holders
and related rights holders
In order to be exempted from legal liability as specified at Point c, Clause 3,
Article 198b of the Law on Intellectual Property, the intermediary service provider
specified at Point c, Clause 1, Article 110 of this Decree shall comply with the
following regulations:
1. Upon receipt of a request from a copyright holder or related rights holder
(below referred to as the requesting party), enclosed with documents and
evidences specified in Clause 4 of this Article, via the tool for receiving requests
for removal or blocking of access to digital contents infringing upon copyright and
related rights specified in Clause 1, Article 111 of this Decree:
a/ Within 72 hours after receiving the request, the intermediary service
provider shall temporarily remove or block access to the digital contents requested
to be removed or blocked and notify the requesting party and the party whose
digital contents are requested to be removed or blocked (below referred to as the
requested party) of the temporary removal or blocking of access to such digital
contents, enclosed with the documents and evidences specified at Points a, b, c, d,
dd and e, Clause 4 of this Article which are provided by the requesting party;
b/ Within 10 working days after temporarily removing or blocking access to
digital contents and notifying relevant parties thereof as specified at Point a of this
Clause, the intermediary service provider shall remove or block access to such
digital contents if not receiving a request for objecting the temporary removal or
blocking of access to digital contents, enclosed with the documents and evidences

 Vietnam Law & Legal Forum 101

specified at Points a, b, c, dd and e, Clause 4 of this Article which are provided by
the requested party; in case an intermediary service provider receives a request for
objecting the temporary removal or blocking of access to digital contents,
enclosed with the documents and evidences specified at Points a, b, c, dd and e,
Clause 4 of this Article which are provided by the requested party, the
intermediary service provider shall, within 72 hours, restore digital contents that
have been removed or blocked, and forward to the requesting party the request,
enclosed with documents and evidences, provided by the requested party;
c/ After the intermediary service provider forwards documents and evidences
to the requesting party as specified at Point b of this Clause, if the requesting party
or the requested party does not initiate a civil lawsuit or request a competent state
agency to handle acts of infringement or the court or the competent state agency
does not decide to accept the lawsuit or the request in accordance with law, the
intermediary service provider shall continue maintaining the digital contents that
have been removed or blocked.
In case the court or competent state agency decides to accept the lawsuit or
request of the requesting party or the requested party, the intermediary service
provider shall comply with the decision of the court or competent state agency in
accordance with law.
2. For livestreamed digital contents, in case the copyright holder or related
rights holder proactively provides the documents and evidences specified at Points
a, b, c and e, Clause 4 of this Article to the intermediary service provider at least
24 hours before the livestream session takes place in order to stop or prevent the
infringement of copyright and related rights in the telecommunications network
environment and the Internet, the intermediary service provider shall:
a/ Immediately temporarily remove or block access to digital contents when
receiving a request for removal or blocking of access to such digital contents;
notify the requesting party and the requested party of the temporary removal or
blocking of access to such digital contents, enclosed with documents and
evidences provided by the requesting party;
b/ Continue to comply with Points b and c, Clause 1 of this Article.
3. The notification, sending and forwarding of documents and evidences by
the intermediary service provider, the requesting party and the requested party as
specified in Clause 1 of this Article must be carried out via email or in other
similar forms.
4. Documents and evidences specified in Clause 1 of this Article include:

 Vietnam Law & Legal Forum 102

 a/ Information of the requesting party or the requested party: name; current
address; email address; contact phone number; serial number of people’s identity
card, citizen’s identity card or passport, for individuals; business registration
number, establishment decision or establishment license, for organizations;
b/ Evidences of the right holders as specified in Article 77 of this Decree and
commitment to taking responsibility for the lawfulness of dossiers;
c/ A digitally signed document of the requesting party or the requested party
on commitment to bear all legal liabilities for the request for removal, blocking or
objection, including liability to compensate for all damage, if any, to stakeholders;
d/ Evidences of the infringement of copyright or related rights as specified in
Article 78 of this Decree and damage;
dd/ The requesting party shall provide information about the position and the
link to digital contents infringing copyright and related rights and description of
the infringing contents. The requested party shall provide information about the
position and the link to the digital contents temporarily removed or blocked;
e/ A power of attorney in accordance with law, in case the requesting party or
the requested party is the authorized party.
5. The request for removal or blocking of access to digital contents infringing
upon copyright and related rights as specified in Clauses 1, 2 and 4 of this Article
shall serve as a proof that the intermediary service provider knows about digital
contents infringing upon copyright and related rights.
6. Any party that provides untruthful documents and evidences, infringing
upon the lawful rights and interests of other stakeholders shall bear corresponding
legal liability in accordance with law.

Chapter VII
IMPLEMENTATION PROVISIONS
Article 115. Effect
1. This Decree takes effect on April 26, 2023.
2. The Government’s Decree No. 22/2018/ND-CP of February 23, 2018,
detailing a number of articles of, and providing measures to implement, the 2005
Law on Intellectual Property and the 2009 Law Amending and Supplementing a
Number of Articles of the Law on Intellectual Property regarding copyright and
related rights, and the provisions on protection of rights in the fields of copyright
and related rights of the Government’s Decree No. 105/2006/ND-CP of

 Vietnam Law & Legal Forum 103

September 22, 2006, detailing and guiding the implementation of a number of
articles of the Law on Intellectual Property regarding protection of intellectual
property rights and state management of intellectual property, the Government’s
Decree No. 119/2010/ND-CP of December 30, 2010, amending and
supplementing a number of articles of the Government’s Decree No.
105/2006/ND-CP of September 22, 2006, detailing and guiding the
implementation of a number of articles of the Law on Intellectual Property
regarding protection of intellectual property rights and on state management of
intellectual property, cease to be effective on the date this Decree takes effect.
Article 116. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government-attached
agencies, chairpersons of provincial-level People’s Committees, and agencies,
organizations and individuals having relevant rights and obligations shall
implement this Decree.-

On behalf of the Government

For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The Appendices to this Decree are not translated.

 Vietnam Law & Legal Forum 104